KEWAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the parties.

(2.) Both the appellants faced trial in Criminal Case No. 200/2016 arising out of FIR No. 03/2008 registered at Baytu Police Station for offence under Sec. 8/15 NDPS Act. Since appellant-Kewal Singh was absconding on the date of judgment, another appellant Dinesh @ Diniya @ Lala Ram was convicted by judgment dtd. 26/9/2019 and was awarded with ten years rigorous imprisonment and fine of Rs.1,00,000.00 in default of payment of fine, one year simple imprisonment was ordered. Later on Kewal Singh was also apprehended and he was convicted by the impugned judgment dtd. 19/1/2024 and same sentence was awarded against him as well.

(3.) Learned Counsel for the appellants submits that the prosecution examined fifteen witnesses. Most of them were of the police team, which had conducted the raid and seizure and two of them were witnesses of the seizure. Learned Counsel contends that there is non-compliance of mandates of Sec. 52 A of the NDPS Act inasmuch as the bags allegedly containing doda post were opened without ensuring presence of the Magistrate and samples were taken out. No photographs were taken of the aforesaid exercise. The non- compliance creates doubts on the prosecution version. The witness of search PW-2 has stated that no samples were taken in his presence, whereas PW-10 says that samples were taken in presence of the witness. Even if PW-10 is believed, then also it would not make compliance of Sec. 52 A of the NDPS Act.