BASHIR AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have been convicted under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act) and sentenced to undergo 10 years R.I. and a fine of Rs. 1,00,000/- or in default to undergo two years RI on each count by judgment dt. 21.10.95 passed by learned Special Judge NDPS Act Cases, Jodhpur. The appellant Radheyshyam has been further convicted under Section 25 of NDPS Act, 1985 and sentenced to undergo 10 years R.I. and a fine of Rs. 1,00,000/- or in default to under two years R.I. All the substantive sentences against the appellants shall run concurrently.

(2.) SHO Khanda Falsa Shri Ashwani Kumar received source information on 9.12.94 that Hazi Saradeen resident of Kundal will reach from Pakistan after taking heroine from Phalodi to Soorsagar in a commander Jeep No. RJ-19 C-3934. The information was sent to CO. Shri Shorabh Srivastava who come to the police station and directed Devaram Constable to summon two motbirs and to report on duty near Gangelav Talab on New Chandpole Road. SHO Khanda Falsa and CO. Shri Shorabh Shrivastava with police party arranged a Nakabahdi at about 1.07 Am. SHO Khanda Falsa informed on wireless that a jeep is coming with 'Jaidurga Phalodi' written in bold letters on stepney. CO. Shri Shorabh Shrivastava stopped the commander jeep coming from the side of Chandpole Road and a person with a gun jumped out of the jeep and tried to run away but fell down. Bhaggram and Ramesh Kumar chased that person. Motbirs could not be available during the night. Appellant No. 2 Radheshyam was driving the jeep and appellant No. 1 and 3 were sitting in the jeep and on inquiry gave the name of the person who ran away-Saradeen the father of the appellants No. 1 and 3. Heroine 1 Kg was recovered from the folds of Tehmad of appellant Mohammed on his Jama Talasi. The tool box below the driver seat was opened and 950 gms heroine was recovered in a packet. All the necessary documents were prepared and the appellants were arrested on the spot. After completing usual investigation, challan was filed against the appellant and the investigation against Saradeen was kept pending under Section 173(8) Cr.P.C.

(3.) The appellants denied the charges. The prosecution and defence witnesses were recorded and after hearing the parties and perusing the evidence on record the impugned judgment and sentence as stated above was passed by learned Special Judge.