SOHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Misc. application has been moved on behalf of the applicant in the matter of judgment dtd. 8/2/2021 passed by the learned Special Judge, NDPS Act, No.1 Naguar in Special Sessions Case No.76/2017 whereby he was convicted and sentenced to suffer maximum imprisonment of 14 years rigorous imprisonment under Sec. 8/15 of NDPS Act and 10 years rigorous imprisonment under Sec. 8/18 of NDPS Act.

(2.) Briefly stated, the facts of the instant case are that a truck bearing registration No. RJ19 GC 2188 was intercepted by the police at the time of 'nakabandi' on 29/1/2017 at about 06:15 P.M. During search, a total of 38 plastic bags of poppy husk and 1 plastic polythene of opium were found in the truck. The total weight of the poppy husk was 1480 Kilograms and total weight of opium was 2.400 kilograms; both the contraband weighed above the commercial quantity demarcated under the NDPS Act, thus, the accused persons were charged for offences under Sec. 8/15 and Sec. 8/18 of NDPS Act. They pleaded not guilty and claimed trial.

(3.) During trial, the prosecution examined twenty two witnesses. After evidence, the accused-appellants were examined under Sec. 313 CrPC, wherein they have denied the evidence and claimed false implication. After consideration of the material available on record and the submissions made by the counsel for the parties, the learned trial court convicted the accused persons under Ss. 8/15 and 8/18 of NDPS Act and sentenced them accordingly, however, there was no such direction from the trial court regarding the order of running of sentences, that is, if they have to run concurrently or consecutively.