SURESH KUMAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 9.3.2009 passed by Special Judge, NDPS Cases, Chhabara, District Baran in Sessions Case No. 37/2007, whereby the learned trial court convicted the appellants for the offence under Section 8/21 of Narcotic Drug and Psychotropic Substance Act, 1985 and sentenced each of them to undergo 15 years' RI with fine of Rs. 1,50,000/-; in default of payment of fine, to further undergo 1 year's SI.

(2.) Brief facts of the case are that on 12.12.2006, PW 1 Jodhram SHO of Police Station, Chhipabarod, District Baran with Police Staff departed from Police Station, Chhipabarod, District Baran for petrolling and Nakabandi. When the police party was passing through Village Gordhanpura Bardawada and going to Kaliya Jagir, towards village Banskheda, on Aklera Road 3 persons were found sitting and as soon as the police party was seen by them, they rushed. They were found suspected and stopped surrounding them and interrogated thoroughly about their identity. The search was conducted, in which accused appellant Suresh Kumar was found in possession of 3 Kg. 500 gm. smack; accued appellant Sarfarj was found in possession of 3 Kh 500 gm. Smack; and accused appellant Shanker Lal was found in possession of 3 Kg. Smack. The accused appellants were arrested and FIR bearing no. 364/2006 came to be registered for the offence under Section 8/21 of NDPS Act.

(3.) After investigation, a charge sheet was submitted in the Court against the appellants for the offence under Section 8/21 of NDPS Act. The learned trial court framed charge against the appellants for the offence under Section 8/21 of NDPS Act. The appellants denied the charges and claimed for trial. The prosecution examined its witnesses and also produced documentary evidence. Thereafter the statement of accused appellants were recorded under Section 313 CrPC. The learned trial court, after hearing the arguments of both the sides, convicted the accused appellants and sentenced them for the offence under Section 8/21 of NDPS Act vide judgment dated 9.3.2009 as indicated here-in-above.