KULWANT RAI & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED appellants Kulwant Rai and Kuldeep Singh @ Kiya have preferred this appeal against the judgment of conviction and order of sentence dated 17.7.2008 passed by the learned Special Judge, N.D.P.S. Act Cases, Jaipur in Special Sessions Case No. 15/2005 whereby the appellants have been convicted for offence u/s. 8 /15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced to 10 years' RI along with fine of Rs. 1,00,000/ -, in default whereof to further undergo one year's RI. The facts in brief are that on 8.10.2004, SHO, Police Station Kotputali, Shri Ghanshyam Sharma (PW -11) along with his patrolling party left police station at 9.30 p.m. and reached at Paniyala Check Post from where he accompanied the Nakabandi staff and reached Narnaul Road for patrolling duty. During Nakabandi at about 11.15 p.m., he received a secret information that a truck bearing No. PB -10B -9982 coming from Jaipur was carrying Dodapost Chura in separate cabin in the truck body. This information was recorded by SHO Ghanshyam Sharma (PW -11) and was sent to his superior through constable Kalu Ram (PW -6) and PW -1 Shankar was sent to bring independent witnesses. At about 12.15 a.m., said truck crossed that place and was intercepted wherein two persons were found. The accused appellant Kuldeep Singh @ Kiya was on the driving seat whereas the other was sitting next to him who, on being asked, disclosed his name to be Kulwant Rai. After having obtained their consent, got the photography of the truck done and after having got their consent in the presence of independent witnesses Gheesa Lal and Ganga Sahai, the truck was searched and in the body of the truck, twenty three gunny bags containing Dodapost Chura were found in the rack. The gunny bags were offloaded with the help of one Kailash The accused on being asked about the licence or permit for possessing/transporting the Dodapost Chura, denied having one. The Ginny bags weighed 966.400 Kg. Thereafter in presence of independent witnesses samples of 250 gms. were taken from the 23 Ginny bags and were sealed and remaining bags were also sealed and marked as "A -1" to "W -1" and the control samples were marked as "A -2" to "Z -2". The seizure memo was prepared. On further search of papers of truck were found which were also seized. The seal used, was separately sealed as mark "X". The accused persons Kulwant Rai and Kuldeep Singh @ Kiya informed that the said narcotic was loaded by Kailash and the gunny belonged to one Balvinder Singh. The telephone diary seized from the possession of Kulwant Rai showed the number of Balvinder and some others. After informing them the reason of arrest, both the accused were arrested and after completion of formalities, a case was registered and the seized samples and articles were deposited in Malkhana and file was handed over to the C.O. for investigation.

(2.) DURING investigation, the Investigating Officer, prepared the site plan sent the seized samples for FSL and the investigation against co -accused Kailash and Balvinder was kept pending u/s. 173(8) Cr.P.C. However, after a while, the other co -accused Balvinder was also arrested and supplementary chargesheet was filed.

(3.) LEARNED Trial Court, on the basis of material placed before it, recorded the finding of guilt against the present two accused appellants for offence u/s. 8 /15 of the Act whereas accused Balvinder was acquitted. The appellants, being aggrieved of the said conviction and sentence, have preferred this appeal.