PAPPU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant-Suresh Kumar has challenged his conviction by the judgment dtd. 13/4/2023 (on the date of judgment appellant Pappulal was absconding in the same case) for the offence under Ss. 8/21 and 8/25 of NDPS Act in Sessions Case No.62/2014 (60/2010). Appellant Pappu Lal @ Dinesh Kumar has challenged his conviction for the offence under Sec. 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 by the impugned judgment dtd. 11/10/2023 passed by learned Special Judge, NDPS Act Cases no. 2, Chittorgarh Camp Nimbahera, district Chittorgarh in Sessions Case No.62/2014 (60/2010). The learned trial Judge has sentenced both the appellants with 10 years' rigorous imprisonment plus fine of Rs.1.00 Lac and in default of payment of fine to further undergo 06 months' rigorous imprisonment.

(2.) Prosecution case as disclosed in the FIR is that on 7/7/2009 at about 5.55 pm informant-Madanlal (PW-11) got information from Police Informer that two persons (the appellants) sitting on a motorcycle near Linkoda were about to cross from Choti Sadri side and Brown Sugar is kept on the right side of motorcycle (where battery is usually placed). The information was recorded in the general diary and intimation under Sec. 42 (Exhb. P19) was sent to the higher authorities. The informant gave notice to Babulal (PW-13) and Gopal (PW-16) from the town, obtained their consent to be the independent witnesses of search and took them to the spot.

(3.) When the police reached Linkoda at about 6.15 pm, they found two persons sitting near a motorcycle bearing Reg.No. RJ-35-SA-6543. The police intercepted those two persons, they disclosed their names as Suresh Gujjar and Pappu Sharma (appellants herein). An attempt was made to open the battery panel but due to lack of tools it could not be opened. At about 7.25 pm, after reaching premises of police station, a mechanic opened the panel, and in a plastic bag 740 grams of suspected contraband (Brown Sugar) was recovered, from which three samples of 50 gm each were taken out and sealed separately alongwith the remaining contraband. For the incident aforesaid, FIR No.322/2009 (Exh. P4) for the offence under Sec. 8/21 of NDPS Act was registered with Police Station Badi Sadri, Chittorgarh.