GANESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE the controversy involved in both the criminal appeals arise out of common facts and same judgment, hence same are being decided together by this common judgment.

(2.) BOTH the criminal appeals have been filed by the accused appellants under section 374, Cr. P. C. by which they have challenged the judgment of conviction and sentence dated 27-8-2002 passed by Special judge, NDPS Court, Jhalawar (for short 'the trial Court') passed in Sessions Case No. 12/2002 by which the trial Court convicted both the accused appellants for the offence under section 8/18 of the NDPS Act for a period of ten years rigorous imprisonment and a fine of Rs. 10,000/ -. In default of payment of fine to further undergo three years rigorous imprisonment.

(3.) BRIEF facts of the case giving rise to both the criminal appeals are that complainant mr. Chetany Kumar Sharma, SHO, P. S. Jhalawar received a mukhbir information that the accused appellants have blue colour bag and they have illegal opium and they want to sell it and they have come from Sadla to Badi. As soon as received the above information from Mukhabir, then SHO informed to superior police officer and went at there as per information given by mukhabir, and arrested both the accused and called the independent witnesses and do all the acts as per the NDPS Act. When searched accused Ganesh then found 4 plastic packets in the bag which have 4 kg. opium and also searched accused Pappu then found 2 plastic packets in the bag.