RAJU @ RAJESH KUMAR PATIDAAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the CourtSince the appellant No. 1 Raju @ Rajesh Kumar has died during the pendency of the appeal, the appeal so far as it relates to appellant No. 1 stands abated as is evident from the order dated 22.1.2018. Thus, learned Counsel for the appellant presses the appeal of appellant No. 2 only.

(2.) The present appeal has been filed against the order of conviction dated 21.8.2014 convicting the present appellant No. 2 under Section 8 of the NDPS Act, 1985 and imposing punishment under Section 25 to undergo 10 years rigorous imprisonment and to pay a fine of ' one lac, in default of payment of fine to further undergo one year additional RI.

(3.) The brief facts leading to the aforesaid challenge is that on 25.11.2008, an officer of the Rawatsar Police Station District Hanumangarh while conducting nakabandi stopped vehicle bearing No. MP-09-CD-1444 and at such time one of the occupants of the vehicle ran away from the same and made good his escape. But the police officer caught-hold of the driver, who disclosed his name as Raju @ Rajesh Kumar (appellant No. 1 since deceased) and on search of the vehicle, recovered 42 kg. opium in total 6 plastic carry-bags and on the failure of the said Raju @ Rajesh Kumar from producing any valid license for the possession and transportation of the said opium, the said Raju @ Rajesh Kumar was arrested. In course of his investigation, the Investigating Officer Gajje Singh (PW9) recorded that the deceased-appellant No. 1 disclosed that the name of the person, who escaped from the vehicle was one Bhagwati Lal and he further disclosed that the vehicle was owned by the said Bhagwati Lal.