MANJU DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner along with some other accused-persons is facing trial in Sessions Case No. 18/2010 pending in the Court of Special Judge, N.D.P.S. Act Cases, Jodhpur (for short 'the Trial Court' hereinafter) for the offences punishable under Section 8/15 of the N.D.P.S. Act read with Sections 307, 279 l.P.C. and Section 3/25 of Arms Act.

(2.) The case of the prosecution is this that on 29.3.2009, the police had recovered contraband of poppy husk from a Tavera car in the jurisdiction of Bagadi Police Station, District Pali. It is alleged that in the vehicle - Tavera, poppy husk weighing around 324 kgs. was transported by Radhey Shyam and Ganesh and the said Tavera was escorted by another Tavera-vehicle, wherein the petitioner along with other accused-persons was found. The seizure of the contraband and arrest of the accused persons were done by PW-16 Prem Dan, the then S.H.O. of Police Station, Bagadi, District Pali.

(3.) During trial, the statement of PW-16 Prem Dan was recorded before the Trial Court on 3.1.2014, wherein certain questions were put to him by the defence Lawyer in cross-examination in respect of mobile number 9414917651, while claiming that on the day of seizing of the contraband i.e. 29.3.2009, PW-16 Prem Dan was carrying said mobile with him. During his deposition, PW-16 has stated that he does not remember that on the day of recovery of contraband, he was carrying the aforesaid mobile number, though he admitted that at present, he is carrying the mobile bearing same number but he does not remember that on the day of the incident, the said mobile number was available with him.