SANWTA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused-Sanwta Ram against the judgment and order dated 11.12.2002 passed by learned Special Judge, N.D.P.S. Act Cases, Jodhpur whereby the appellant has been found guilty for the offence punishable under Sec. 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'N.D.P.S. Act') and has been awarded rigorous imprisonment of ten years' and a fine of Rs. 1 lacs, in default of payment of fine, to further undergo one year's rigorous imprisonment.

(2.) The prosecution story, in nutshell, is to the effect that on 5.7.2000, S.H.O., Police Station Dechu, District Jodhpur (Rural) Rajuram (PW-2) along with police-party had gone in search of accused in connection with C.R. No. 68/2000 Bhalu Kumaniya and Ketu Manavata. While the S.H.O. was returning back to Police Station on Government jeep along with driver-Om Prakash and police-party, in the night at 11.00 P.M., the S.H.O. noticed a Hero Honda motor cycle No. DD-034-4149 near the way of village 'Lodta Achalawata' coming from 'Nathdau', which was signaled to stop but the motor-cycle rider instead of stopping, speeded up towards 'Chomu', upon which the motor cycle rider was chased for about half a kilometer and he was made to stop. On making enquiry, the motor:cycle rider disclosed his name as Sanwta Ram S/o Hansraj, by caste Bishnoi, resident of Village Lodta Achalawata. On the search of the motorcycle being made, from its 'dickey' a plastic bag containing blackish liquid substance styled to be Opium milk weighing 5.200 kgs was recovered. As per the prosecution case, the accused was not having any licence or permit to transport such a huge quantity of Opium milk nor the rider of the said motor-cycle was having appears in relation to said vehicle, as such, he was arrested and a case for the offence under Sections 8/17 and 8/18 of the N.D.P.S. Act was registered against him vide F.I.R. No. 85/2000 (Ex.P/9). The motor cycle was also seized. On interrogation, the accused disclosed that he brought the said Opium milk from Sukhram Kichad Bishnoi, resident of Lohawat . Rs. 8000.00 per kilogram. After carrying usual investigations, police filed charge-sheet against the present appellant and charge under Sec. 8/18 of N.D.P.S. Act was framed and read over to him, to which he pleaded not guilty and claimed trial.

(3.) The accused was put to trial. During trial, prosecution examined as many as thirteen witnesses, namely, PW-1 Mangi Lal, PW-2 Raju Ram, PW-3 Mul Ram, PW-4 Panna Ram, PW-5 Balwant Singh, PW-6 Om Prakash, PW-7 Tarachand, PW-8 Sumer Singh, PW-9 Khet Singh, PW-10 Simartha Ram, PW-11 Bhawani Singh, PW-12 Daulat Singh and PW-13 Durg Singh in support of its case and got exhibited documents viz., Ex.P/1 to Ex.P/19. The accused-appellant in his statement recorded under Sec. 313 Crimial P.C. denied the correctness of the prosecution evidence appearing against him and stated that he is innocent and has been falsely implicated in his case. Nothing has been recovered from him. As a matter of fact, the motor-cycle does not belong to him and is that of Gumana Ram, which had been left behind by Gumana Ram near 'fanta' due to some mechanical problem. In defence, the accused examined two witnesses, namely, DW-1 Rewant Singh and DW-2 Haridas and got exhibited police statements of PW-2 Raju Ram and PW-11 Bhawani Singh as Ex.D/1 and Ex.D/2 respectively.