RATAN LAL @ BHANIYA NAYAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellants, in these appeals, have challenged their conviction recorded by Special Judge, NDPS Act Cases, Jodhpur (for short, 'learned trial Court'). The learned trial Court, while convicting the appellants in Sessions Case No. 19/2011 for offence under Section 8/15 of the NDPS Act, by its impugned judgment dated 29th of April 2014, handed down sentence of rigorous imprisonment for 10 years with fine of Rs. 1,00,000 and in default of payment of fine to further undergo one year rigorous imprisonment. It is further ordered by the learned trial Court to extend benefit of Section 428 Cr.P.C. to both the appellants.

(2.) The facts, apposite for the purpose of these appeals, are that on 31st of August 2010, SHO, PS Raipur, District Pali (PW13) received an information through Mukhbir pertaining to illegal purchase/transport of huge quantity of poppy straw by the accused-appellants from Jassa Khera to Raipur Highway in vehicle Bolero bearing registration No. RJ-27-UA-2909. Information as such is jotted down by the SHO concerned, which reads in vernacular as under: ...[VARNACULAR TEXT OMITTED]... As per the version of prosecution, before proceeding for raid, the SHO concerned divulged the said information in writing to his immediate superior officer through messenger. Thereafter, PW13 made endeavour to summon independent motbirs and after obtaining their concurrence proceeded/rushed to the spot well equipped accompanied by his team. Upon reaching the main road, opposite Raipur PS, Nakabandi was arranged to apprehend accused persons. At about 9:15 AM, vehicle Bolero of the registration number is sighted by the team members and thereupon it was intercepted. Both the appellants were found seated in the vehicle on the front seats while appellant Ratanlal occupying driver seat. Later on, both the appellants were temporarily taken into custody and the vehicle was searched from its nook to corner. During search in presence of mobirs, 17 bags, i.e. 12 jute bags and 5 plastic bags were recovered containing poppy straw of huge quantity. When all the bags/containers were weighed, total weight came to 350 kg. The details about bags recovered from the appellants and weight of poppy straw stuffed in each bag, procedure adopted for drawing samples as mentioned in Seizure Memo (Ex.P/2) is as under: ...[VARNACULAR TEXT OMITTED]...

(3.) PW-13 subsequently collected 1 kg poppy straw from each bag and dividing it into two parts of 1/2 kg each, drawn 17 samples of 1/2 kg, which were duly sealed. The remaining 1/2 kg from each bag was sealed separately in 17 bags as control samples mentioned to supra. Samples, as per version of prosecution, were drawn in due adherence of norms and procedure. The 17 bags were then duly sealed and seized on the spot. This sort of situation culminated into registration of FIR against the appellants bearing No. 233/2010 and simultaneously appellants were served notice under Section 52 of the NDPS Act for intimating them grounds of arrest.