AZAD SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants were accused on the file of learned Sessions Judge, Ajmer in Sessions Case No. 4/96. They were convicted for the offence u/Ss. 8/20 and 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act, 1985), and sentenced to undergo 10 years imprisonment and a fine of Rs. 1.00 lacs and in default to further undergo additional imprisonment of two years vide Judgment dated August 12th 1998. Against this Judgment that the present action of filing the appeal has been resorted to by the appellants.

(2.) ACCORDING to the prosecution story, the SHO Mangilyawas (Ajmer) received secret information on April 20, 1996 to which the SHO alongwith the other police constables rushed at the spot where accused -appellants were searched and Charas weighing 950 grams were found from the possession of accused -Azad Singh, whereas Charas weighing 480 grams and Opium weighing 130 grams were recovered from accused Jaipal Singh.

(3.) THE prosecution examined as many as 9 witnesses and thereafter statements u/s 313 Cr. P.C. of the accused -appellants were recorded in which they stated that they were falsely implicated by the police. No defence witness was however produced by the accused -appellants. The learned trial court after hearing rival submissions, convicted accused -appellants as indicated hereinabove.