RAJPAL JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the judgment dated 23.12.2011 passed by the learned Special Judge, NDPS Act Cases, Chittorgarh in Sessions Case No. 38/2009 whereby, the appellants were convicted and sentenced as follow:-

(2.) The appellant Rajpal has remained in custody for more than 8 years whereas the appellant Kalu Ram has reportedly suffered custodial period of about 6 years 4 months. Both the appellants herein were apprehended by the SHO Police Station Nimbahera on 25.03.2009 while allegedly transporting contraband poppy straw weighing 18 quintals in a mini truck No. RJ-23-G-2705. After trial, they were convicted and sentenced as above.

(3.) Learned counsel representing the appellants have raised a solitary ground to challenge conviction of the appellants urging that the seized Muddamaal was not proved by the prosecution at the trial. On this aspect, the learned Trial Court made the following observation at para No. 29 of the impugned judgment which is reproduced for sake of ready reference:-