PARAMJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the judgment and order dated 17. 1. 2003 passed by the Special Judge, N. D. S. P. Act Cases, Rajgarh, District Churu (for short, "the trial Court" hereinafter) in Sessions Case No. 4/2002, whereby the trial Court convicted both the appellants under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act" hereinafter) and sentenced each of them to undergo ten years' rigorous imprisonment and a fine of Rs. One lac each, in default of payment of fine to further undergo 2-1/2 years rigorous imprisonment. Aggrieved by the judgment and order impugned, convicting and sentencing the appellants, both the appellants have filed the instant appeal.

(2.) I have heard learned counsel for the appellants and the Public Prosecutor appearing for the State. Carefully gone through the judgment and order impugned, as also the record of the trial Court. I have also scrutinized, scanned and evaluated the evidence on record.

(3.) P. W. 5 Surendra Singh stated that he carried the secret information to the Circle Officer, Rajgarh. He handed over the same to the Circle Officer as on the very day by obtaining the signatures thereon as recipient and came back to the Police Station vide Ex. P/10. He has proved the signatures of the Circle Officer on Ex. P/10 and a copy of which is Ex. P/10-A. He has proved his departure from the Police Station and coming back to the Police Station vide Ex. P/11. He also stated that on 24. 1. 2002, the Malkhana Incharge P. W. 6 Kalla Ram, Head Constable, gave him two sealed packets marked "a" and "b" relating to Crime Report No. 7/2002. He carried the sample to the office of the Superintendent of Police for getting the forwarding letter prepared, gave the sample to the official working there, got the forwarding letter prepared and brought the packet in sealed condition and deposited in the FSL vide Ex. P/12 and a copy of which is Ex. P/12-A. He has also proved the departure from the police station and arrival vide Ex. P/13 and a copy of which is Ex. P/13-A. He carried the contraband samples in the sealed condition to the FSL and deposited with FSL on 28. 1. 2002. He has proved the departure for taking the contraband samples to FSL and after handing over the samples to FSL, arrival to the police station vide Roznamcha Ex. P/14 and Ex. P/15 and the copies of which are Ex. P/14-A and Ex. P/15-A. He handed over the contraband samples to the FSL vide Ex. P/16 and a receipt thereof is Ex. P/17. He has proved the Furd-Suchna-Mukhbir Ex. P/18, which was received by the Circle Officer on 22. 1. 2002 at 11. 00 a. m.