BANWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these appeals are directed against the common judgment dated 22.04.2011 passed by the learned Special Judge, NDPS Act Cases, Chittorgarh in Sessions Case No. 29/2009 whereby, the learned trial court acquitted the accused Basant from the charge under Section 8/18 read with Section 25 of the NDPS Act, the accused Kishanlal and Narayan from the charge under Section 8/29 of the NDPS Act and at the same time, convicted the appellant Banwari Lal for the offence under Section 8/18 of the NDPS Act, appellant Bhairu Lal for the offence under Section 8 read with Section 29 of the NDPS Act and appellant Shankar Lal for the offence under Section 8/28 of the NDPS Act and sentenced each convicted accused to 10 years R.I. and a fine of Rs. 1,00,000/- in default of payment of fine to further undergo 1 year's R.I.

(2.) Whilst the three convicted accused Banwari Lal, Bhairul Lal and Shankar Lal have preferred three separate appeals challenging their conviction recorded by the trial court and the sentences awarded to them in the above terms; the Central Bureau of Narcotics has approached this Court by way of an appeal for assailing the acquittal of Basant, Narayan and Kishanlal.

(3.) I have heard and considered the arguments advanced by the learned counsel representing the convicted as well as acquitted accused and Shri N.K. Rai, Special Public Prosecutor representing the Central Bureau of Narcotics in all the cases and have minutely appreciated the evidence available on record.