SHYAM LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these three appeals arise from the judgment dated 28.3.2001 of the learned Special Judge NDPS Cases, Sri Ganganagar, therefore, I propose to dispose off all these appeals by a common judgment.

(2.) The appellants, three in number, have assailed the finding of learned Special Judge rendered vide judgment dated 28.3.2001, whereby they were convicted and sentenced as under:- <FRM>JUDGEMENT_57_LAWS(RAJ)11_2003_1.html</FRM> Sentences were ordered to run concurrently.

(3.) On 12.9.1995 around 7.00 a.m., Station House Officer, Madanlal received an information by Mukhbir to the effect that one truck was coming from the side of Bikaner containing bags of post doda. The information was got entered and C.O. telephonically informed the SHO. The SHO proceeded towards the side alongwith witnesses, in the meanwhile, Dy.S.P. Suratgarh also came over there around 10.00 a.m. Commander Jeep bearing No. MP-04-F-1362 driven by Raju arrived. In the front seat, Prabhu Dayal and Mahesh Singh were sitting. Behind the Jeep, truck No. RJO-2522 driven by one Durgalal was there and Shyamlal alongwith Kailash was sitting. Jeep and truck were got stopped, search was conducted and during the search of the truck 201 bags of doda post were recovered. Samples were taken, appellants were arrested and on completion of investigation charge-sheet was filed. Charges u/ss. 8/15 & 8/29 of the Act were framed. The appellants denied the charges and claimed trial. The prosecution, in support of its case examined as many as 24 witnesses. In the explanation u/s. 313 Crimial P.C., the appellants claimed innocence. No witness in defence, however was examined. Learned trial Judge, on hearing the final submissions, convicted and sentenced the appellant as indicated hereinabove.