NATHU LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals, have been preferred by the appellants challenging the judgment dated 12.9.2011 passed by the learned Special Judge, NDPS Cases, Chhabra Dist. Baran in Session Case No. 55/2007 convicting them for the offence under Section 8/18 of the NDPS Act and sentencing each of them to 10 years R.I. and a fine of Rs. One Lakh, in default of payment of fine to further undergo six months R.I. Briefly stated, the facts of the case are that Jodha Ram, PW 8, SHO, Chhabra allegedly apprehended the appellants herein on 26.4.2007 and recovered contraband opium from the bags held by them as described below:

(2.) AFTER following the usual procedure of search and seizure, registration of F.I.R. and investigation, a charge -sheet was filed against the three appellants for the aforesaid offences Charges were framed against them for the offences under Section 8/18 of the NDPS Act. The appellants pleaded not guilty and claimed trial. The learned trial Judge at the conclusion of the trial proceeded to convict and sentence the appellants as above. Hence, this appeal.

(3.) LEARNED Public Prosecutor, on the other hand, opposed the submissions advanced by the learned counsel for the appellants and relies on the Supreme Court decision in the case of State of Rajasthan v. Udai Lal : 2008 (11) SCC 408.