CHAINA RAM AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by Chaina Ram, Bhagwan Lal and Onkar Lal against the judgment dated 15.3.2002 passed by the learned Special Judge NDPS Cases, Chittorgarh whereby the three appellants have been found guilty for the offence punishable under Sec. 8/18 of the N.D.P.S. Act. Each one has been awarded rigorous imprisonment for 20 years with a fine if Rs. 2 lacs. On account of non-payment if the said fine, additional rigorous imprisonment for two years has been ordered.

(2.) The prosecution story in nutshell is to the effect that on 28.12.1996 PW 6 Rajesh Nagpal Assistant Narcotics Commissioner, Neemuch received a secret information to the effect that the appellant Chaina Ram was expected to come with 20 kg Opium at Bhawaliya Bus Stand. On this information, a raid-party consisting of PW-4 Satya Veer Singh, superintendent, PW-5 Suresh Badlani, Inspector and PW-7 Virendra Pratap Singh, Sub-Inspector was constituted and allegedly on 29.12.1996 at 5.00 a.m. they reached the bus stand at Bhawaliya and found three vehicles, a jeep, a tractor and a motor-cycle standing there. The three appellants and one more were standing nearby. The Narcotics people were able to apprehend the three appellants but the fourth one was able to make his escape good. According to the prosecution story, the appellants disclosed that the fourth man, who was able to run away was Mithu Lal and was the younger brother of the appellant Onkar Lal. The jeep was bearing No. RJ-09R-3026. There was no number plate on the motor-cycle. The tractor yielded Opium weighing 16 Kg and similarly the jeep yielded Opium weighing 17.200 kg. Necessary papers were prepared and samples weighing 25 Grams each were separated and a complaint was filed against the three appellants. They were charged for the offence punishable under Sec. 8/18 of the N.D.P.S. Act. Subsequently Mithu Lal was also arrested and was put to trail for the offences punishable under Sections 8/18 and 8/29 of the said Act. All the four pleaded not guilty to the said charges.

(3.) Nine witnesses were examined by the prosecution. DW-1 Chaina Ram (appellant), DW-2 Bhopal Singh, DW3 Kamala Bal (wife of the appellant Chaina Ram), DW4 Mohan Lal and DW5 Rameshwar were examined in defence. DW-1 Chaina Ram deposed to the effect that his wife was the 'Sarpanch' and her political rival Girdhari Lal was responsible for falsely implicating him in this case and on 28.12.1996 he was lifted from his house by some plaint-clothed police people and these people threatened him that he will face dire subsequences for contesting election against the said Girdhari Lal. He further stated that Rs. 50,000.00 which were lying in his house wee confiscated and his vehicle was with Sambhoo Lal and the same was also seized. DW-2 Bhopal Singh, DW-4 Mohan Lal and DW-5 Rameshwar have stated that the accused persons were lifted from the village during the pursuit and complaints (Exh.D/7) were sent to various places by them. DW-3 Kamalal Bai was stated that the appellant Chaina Ram in her husband and Bhagwan Lal is her father-in-law and both were taken away from the house at about mid-night by six persons and on the next day the Narcotics people came to her house and took away Rs. 50,000.00 from her house.