CHHOTE @ CHHOTELAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These four criminal appeals are being disposed of by this common order as the same arise out of the same judgment and order dated 28.7.2007 passed by the learned Special Judge, N.D.P.S. Cases, Hindaun City, Karauli in Sessions Case No. 48/1999 whereby each of the appellant has been convicted for the offence under Section 8 read with Section 20(B)(ii)(c) of the N.D.P.S. Act and sentenced to ten years rigorous imprisonment and fine of Rs. one lac, in default of payment of fine to further undergo one year rigorous imprisonment.

(2.) Briefly stated the facts of the case are that PW-3 Ganpat Singh ASI submitted a written report Ex.P-2 in Police Station Surcth on 4.2.1999 wherein it was, inter alia, stated that on that day he along with police party, SDM and Tehsildar proceeded for inspection of mining operations in a Government jeep No. RJ 34-C-0013 and while coming back at 3.15 p.m., it was noticed that a maruti car was halted on the wrong side of the road near Kasoli naka in which a lady and three male persons were sitting. From their actions, some suspicion was felt and in the presence of SDM and Tehsildar the maruti car bearing No. RPE 49 was checked. At that time, the driver of the maruti car opened its gate and ran away. Simultaneously, the person who was sitting behind the driver's seat also opened the gate and while running he threw a plastic bag. Constable No. 630 Ram Singh disclosed the names of.the two persons who ran away as Chhote @ Chhotelal Subrati and Hussain. The persons those who were sitting in the car were instructed not to change their position. The lady sitting at the back side of the car, disclosed her name as Rampati.and .another person disclosed his name as Jyoti Prasad son of Brahmanand resident of village Khera. On his search, under the sweater which he was wearing at that time, a blue polythene bag was found and on opening the bag four bricks of charas were found. The lady, namely; Rampati was found having a plastic basket in her lap which contained some clothes and blouse etc. and below clothes a green colour plastic bag containing two bricks of same material. The material recovered from accused Rampati and Jyoti Prasad on smelling gave smell of charas. The packet, black in colour, which was thrown by Hussain was containing three bricks of charas. It is further stated that thereafter constable No. 630 Ram Singh was directed to bring weight and scale for weighing the contraband material. The contraband material on weighing found in the possession of Jyoti Prasad and Rampati was 2 kg and 1 kg 500 gin. respectively. The packet which was thrown by Hussain on weighing found of 1 kg 500 gm. It was also stated that from the recovered bricks two samples from each brick of 50 gram were taken and sealed. The packet which was found from the possession of accused Jyoti Prasad was marked 'A' and the samples thereof were marked 'A-1', 'A-2', 'A-3' and 'A-4' whereas the packet recovered from the possession of accused Rampati was marked as 'B' and the samples thereof were marked 'B-1' and 'B-2'. Samples were also taken from the packet which was thrown by Hussain. The packet was marked 'C' and the samples thereof were marked 'C-1', 'C-2' and 'C-3'. The plastic bag along with clothes was sealed and that packet was marked 'D'. It is further stated that thereafter in the search of the car two bricks of charas were found below the seat of the driver in a black colour plastic bag on weighing found 1kg, two samples each of 50 gm were taken and sealed. The packets containing charas was marked 'E and samples marked with 'E-1' and 'E-2' and sealed. The car was also seized at the spot which was found in the name of one Shri Man Singh resident of New Road, Bharatpur. Accused Jyoti Prasad, Hussain, Chhote and Rampati's act was punishable under Section 8/20 of the N.D.P.S. Act, therefore, the accused along with the seized material were produced in the Police Station along with report. On the above report Ex.P-2 formal F.I.R. No. 27/1999 (Ex.P- 3) was registered at Police Station and investigation commenced. During the course of investigation accused Hussain and Chhote were arrested. Their test identification parade took place. Ex.P-11 is the test identification memo in relation to Hussain and Ex.P-12 is in relation to accused Chhote. The samples were sent for examination in the FSL, Rajasthan, Jaipur. FSL report received is Ex.P-45: After completion of investigation, charge-sheet was filed against the accused-appellints. Learned trial Court framed charge against the accused-appellant under Section 8 read with Section 20(b)(ii)(c) of the N.D.P.S. Act to which the accused denied and claimed trial. In support of its case, prosecution examined as many as 12 witnesses and tendered 45 documents. After close of the prosecution evidence in the statement recorded under Section 313 Cr.P.C., accused Jyoti Prasad has stated that on the day of incident while he was coming in a bus from Bayana and was going to Hindaun, at that time some accident took place on the road and he was asked by the driver to get down the bus. At that time he saw a car in which he was allowed to travel on payment. Other persons were also sitting in the car and on the way the car stopped near a field and the driver of the car told that they will take bath there as such he get down from the car and started waiting for some vehicle. Suddenly, a Government jeep came there in which police persons were sitting. They caught hold of him and took him to the Police Station and a false case was lodged against him. He has also stated that on blank papers his signatures were obtained.

(3.) Accused Chhote in his statement has stated that after getting the truck No. 5861 unloaded at Bayana he was coming in a jeep. He boarded in a white car after making payment. On the way a sepoi came to him when the car was standing and he brought him to the Police Station Suroth. There his signatures were obtained on blank papers and he was involved in a false case.