MUKUT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 25.8.2007 passed by Special Judge, NDPS Cases, Chhabara, District Baran in Sessions Case No. 192/2005, whereby the learned trial court convicted the appellants for the offence under Section 8/18 of Narcotic Drug and Psychotropic Substance Act, 1985 (for short, "NDPS Act") and sentenced them to undergo 12 years' RI with fine of Rs. 1,50,000/-; in default of payment of fine, to further undergo six months' RI. Brief facts of the case are that FIR bearing No. 105/2005 came to be lodged by one Shri Ganpat Singh, Sub-Inspector, Police Station, Bapcha, Baran stating therein that on 9.7.2005 at around 12.30 P.M., when he along-with his team was on patrolling duty of his area, checking illegal work, reached at 'Dharnavada-Road' and started 'Nakabandi', during Nakabandi, it was found that two people driving a motor cycle came from Motipura, out of which one person, who was driving the motor cycle, had a bag, hanging from his neck and they crossed the railway line. When they saw the police party, they stopped the motor cycle and tried to run away. On suspicion, they were surrounded by the police and the police asked their whereabouts. They disclosed their names as Mukut S/o. Hari Prasad, Resident of Motipura; and Khemraj S/o. Madan Lal, R/o Bambuliya-Kalan, P.S. Anta. The police did not get satisfactory reply from them regarding their running on seeing the police party. Radha Kishan, Head Constable and Ram Das, F.C. were made independent witnesses and a notice under Section 50 was issued to them and their consent was taken for search. On being checked and searched by the police party, from the bag of Mukut, hanging in his neck, a black coloured semi wet liquor substance was found, which was identified as 'opium' and on weighing, it was found to be 8 kgs. in weight. Similarly, a white plastic bag was hanging on the left hand of Khemraj, which also contained black coloured semi liquor substance, which was also tested and found 'opium', weighing 8 kgs. They were not having any license for possessing the said quantity of opium. During investigation, it was found that the said opium was purchased from one Ghanshyam, as such they were guilty of offence under Sec. 8/18 of NDPS Act.

(2.) After investigation, a charge sheet was submitted in the case against the appellants and case was committed for trial to the Court of Special Judge, NDPS Act Cases, Chhabra, Baran. The learned trial court framed charge against the appellants for the offence under Section 8/18 of NDPS Act. The appellants denied the charges and claimed for trial. The prosecution examined as many as nine witnesses and also produced documentary evidence, Ex. P-1 to P-17. Thereafter the statement of accused appellants were recorded under Section 313 Cr.P.C. The learned trial court, after hearing the arguments of both the sides, convicted the accused appellants and sentenced them for the offence under Sec. 8/18 of NDPS Act, as indicated here-in-above.

(3.) Against the said judgment dated 25.8.2007, the appeal has been preferred by the appellants.