RAJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28.9.93 passed by the Special Judge, NDPS Act Cases, Jaipur (District and Sessions Judge, Jaipur District) in Criminal Case No. 53/92 whereby he convicted the appellants for the offences under Section 8/18 of the NDPS Act, 1985 (hereinafter to be referred as 'the Act') and sentenced each of them to undergo rigorous imprisonment for 10 years and a fine of Rs. one lac.

(2.) IN short, the facts of the case are that on 31.1.92, Shri Ashok Kumar Saxena, Sub Inspector, Central Bureau of Narcotics (CNB) checked the truck bearing No. C-II-7982 near village Kukas. Shri Gurmit Singh Driver, Jujhar Singh Cleaner, Paramjeet Singh owner and the present appellants, in all 5 persons were found in it. At the time of search a brief case was found in the possession of the appellants. 2.200 kgs. of opium was found in it. The opium was seized, sample was taken for chemical analysis which was found to be of opium and after completion of investigation, a charge sheet was filed in the Court against all the five persons under section 8/18 and 8/29 of the Act.

(3.) THE prosecution in support of its case examined eight witnesses: PW 1 Om Prakash Head Constable, PW 2 Bhagwan Singh Constable, PW 3 Ashok Kumar Saxena Sub Inspector, PW 6 Nand Lal Rai Inspector, PW 7 Mahesh Kumar Inspector, PW 8 Surendra Singh Constable of Central Narcotics Department, and PW 4 Mool Chand and PW 5 Radhey Shyam were the motbirs, but they have not supported the prosecution case, as such were declared hostile on the request of prosecution.