RAMESHWAR LAL S/O SHRI AMART LAL SHARMA, AGED ABOUT 55 YEARS, R/O NIMBAHERA, DISTRICT CHITTORGARH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-appellant has filed this appeal under Sec. 374 Crimial P.C. against the judgment and order dated 8.9.2011 passed by the Special Judge, NDPS Cases, Beawar (District Ajmer) in Sessions Case No.14/2007 whereby the appellant was convicted for offence under Sec. 8/21 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act') and sentenced for rigorous imprisonment for ten years and fine of rupees one lac and in default thereof to further undergo rigorous imprisonment for one year and also for offence under Sec. 8/25 of the Act and sentenced to suffer rigorous imprisonment for ten years and fine of Rs. one lac and in default thereof to further suffer rigorous imprisonment for one year. It was also directed that the aforesaid substantive sentences would run concurrently. It is to be noted that four co-accused, who were tried along with the appellant, have been acquitted whereas co-accused-Shri Liyakat Khan died during the course of trial and proceedings against him were dropped. It is further to be noted that appellant has been acquitted for offence under Sec. 29 of the Act.

(3.) The appellant was arrested, charged and tried for the aforesaid offences on the premise that he is registered owner of Bolero Jeep bearing registration No.RJ-09-UA-0060 and he was also one of the occupant of the aforesaid vehicle along with deceased-accused-Shri Liyakat Khan when the same was intercepted and searched on 20.11.2006 at about 10.30 a.m. near Sadar Police Station, Beawar and from the jeep narcotic drug (heroin) weighing about 2 Kg. was recovered and at that time appellant and Shri Liyakat Khan were not having valid permit or licence to have in their possession and transport the aforesaid contraband. It is the case of prosecution that a confidential information was received by Shri Pradeep Kumar Sharma, NCB Jodhpur on 19.11.2006 to the effect that appellant and Shri Liyakat Khan would transport heroin weighing 2 Kg. in the aforesaid vehicle on 20.11.2006 some time between 10 am to 12.00 am and deliver it to some person at Ajmer. On such information a raiding party was constituted, two independent witnesses were associated with it and recovery of the aforesaid contraband was effected on 20.11.2006 as already stated. After recovery appellant and Shri Liyakat Khan were arrested but before that their statements under Sec. 67 of the Act were recorded and during further investigation the acquitted accused were also found involved in the incident. After investigation complaint was filed and in support of the charges prosecution produced oral as well as documentary evidence whereas appellant in his statement under Sec. 313 Crimial P.C. denied the evidence produced by the prosecution but in defence no evidence was produced by him. Learned trial Court after considering the submissions made on behalf of the respective parties and the evidence made available on record, convicted and sentenced the appellant whereas co-accused were acquitted. As already stated, proceedings against Shri Liyakat Khan were dropped as he died during the course of trial.