SURJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeal arises out of the judgment dated July 12, 2001 of the learned Special Judge, NDPS Cases Jodhpur rendered in Sessions Case No. 65/1999, whereby the appellant was convicted and sentenced under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) to undergo rigorous imprisonment imprisonment for ten years and fine of Rs. one lac in default to further undergo imprisonment for two and a half years.

(2.) The prosecution story is that the SHO of Police Station Luni, Gaje Singh (PW 3), received a secret information on August 1, 1999 that Surja Ram resident of Rohicha Kala was involved in the business of Poppy Husk. The SHO with police party reached at the spot and recovered 32 bags of Poppy Husk from the trolley covered with tripal (cloth of tent). Necessary memos were drawn and after usual invetigation charge sheet was filed. Charge under Section 8/15 NDPS Act was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as many as eleven witnesses. The appellant in his explanation under Section 313 Cr. P.C. claimed innocence, and stated that he has sleeping in the house and the police asked him about the trolley which was punctured and standing on road. The trolley belonged to Lala Ram and Deva Ram left the trolley on the road when the same was punctured. Two witnesses in defence were examined by the appellant. On hearing final submissions, the learned trial judge convicted and sentenced the appellant as indicated above.

(3.) I have reflected over the rival submissions and scanned the material on record.