JAWAHAR SINGH Vs. CENTRAL BUREAU OF NARCOTICS

JUDGEMENT

(1.) JAWAHAR Singh and Balwan Singh, the appellants herein, along with Narayan were put to trial in Sessions Case No. 74/2001 before Sessions Judge Tonk (Special Judge, NDPS Cases) who vide judgment dated November 14, 2001 convicted the appellants under section 8/18 NDPS Act and sentenced them to undergo ten years rigorous imprisonment and fine of Rs. 1 lac, in default one year rigorous imprisonment. Narayan was however stood acquitted of the said charge.

(2.) ON June 17, 2001 at 15 hours team of the Narcotic Bureau intercepted a white Maruti bearing No. EL8cc/ 4473 at Bajri Naka Jaipur Chauraha Deoli District Tonk wherein the Driver and one person were travelling. They disclosed their names as Jawahar Singh and Balwan Singh. With their consent the car was searched and on opening the ply of the door of the car polythene bags were found containing 13 Kg. opium. Samples from each bags of 24 Gms were taken and sealed. The statements of appellants got recorded and they were arrested. ON completion of all formalities of investigation charge sheet was filed. In due course the case came up for trial before the learned Sessions Judge Tonk (Special Judge, NDPS Cases ). Charge under section 8/18 NDPS Act was framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 8 witnesses and got exhibited 20 documents. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. ONe witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) FOR these reasons, I do not find any merit in the instant appeal and the same stands accordingly dismissed. The conviction and sentence of the appellants under section 8/18 NDPS Act are confirmed. .