PREMCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Premchand and Trilokchand faced trial in Sessions Case No. 30/2020 passed by the learned Additional Sessions Judge, No. 1, Raisinghnagar, District Anoopgarh (Sri Ganganagar). On 7/2/2024, judgment of conviction was passed against appellant No. 1 Premchand for offence under Sec. 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and against appellant No. 2 Trilokchand for offence under Sec. 8/29 of the said Act. The learned trial Judge sentenced both the appellants with 14 years' rigorous imprisonment plus fine of Rs.1,50,000.00 and in default of payment of fine, 3 years' rigorous imprisonment has been ordered.

(2.) In brief, the prosecution case is that on 26/3/2020 at about 12.50 pm, PW- 2 Nahar Singh, SHO of Sri Vijaynagar, District Ganga Nagar alongwith other constables was on patrolling duty in view of the Covid lock down. At around 7.30 pm, the police personnel reached Bilochia Village, where they saw a person exiting from a shop, carrying a white plastic bag. On seeing the police, the person started fleeing away, however, he was caught by the police. The person caught by the police was Premchand; appellant No. 1 herein. The appellant No. 1 disclosed that he had purchased the same from appellant No. 2, however, nothing was recovered from the person or place of appellant No. 2.

(3.) From the said plastic bag, Tramadol Hydrochloride Tablets were found. The total weight of the tablets was 1 Kg. 100 Gms. The police team took samples from the seized Tablets and the rest were sealed separately. For the incident aforesaid, FIR No. 68/2020 (Exhibit P-5) for offences under Ss. 8 and 22 NDPS Act was registered with police station Sri Vijaynagar, District Sri Ganga Nagar.