RAJA RAM Vs. CENTRAL BUREAU OF NARCOTICS, CHITTORGARH

JUDGEMENT

(1.) The appellants and one Govind Ram (since acquitted) faced trial in Sessions Case No. 02/2019 (06/2017). On 9/3/2022 judgment of conviction was passed against appellants Raja Ram, Karu Das and Dashrath Singh. Appellants Raja Ram and Karu Das were convicted for offences under Sec. 8/18 (b) and 8/29 NDPS Act and appellants Dashrath Singh was convicted for offences under Sec. 8/25 and 8/29 NDPS Act. The learned trial Judge has sentenced the appellants with 15 years' rigorous imprisonment plus fine of Rs.2.00 Lacs and in default of payment of fine, 1 year rigorous imprisonment has been ordered.

(2.) In brief, the prosecution case is that Sudhir Yadav (PW-4), Superintendent of Police and Banwarilal Meena (PW-2), Sub- Inspector received secret information that on 21/7/2016 between 6:00 a.m. and 10:00 a.m., appellant no. 3 was going to send appellant Nos. 1 and 2 to Ajmer via Chittorgarh route in his Maruti Swift Dzire car, bearing registration No. RJ 09 CA 9704, to deliver about 10 - 20 kg opium (Afeem) to a smuggler. Thereafter, a preventive team was formed on 21/7/2016 itself. At around 8.30 am, the preventive team got stationed in front of a filling station at Chittorgarh- Bhilwara Road, Chittorgarh. There, Banwarilal Meena (PW-2) asked Ratanlal Bairwa (PW-1) and Rakesh Garg (not produced) to become independent witnesses of the incident. At around 8.35 am, a white Swift Dzire Car was seen coming from Nimbahera, having referred registration number. When the police personnel intercepted the car, 3 yellow bags of 5kg each, containing suspected contraband opium (afeem) were found. The car was allegedly of appellant no. 3, driver of the said vehicle was appellant No. 2 and co-passenger was appellant no. 1 herein.

(3.) The total weight of the bags was 15 Kg. The police team took two mixed samples of 25 gm each from each of the seized bags and the rest were sealed separately. For the incident aforesaid, complaint case No. 1/2016 was registered at CBN, Chittorgarh.