GHEWAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals have been filed by Ghewar Ram and Babulal separately but since both have arisen out of a common judgment, the same are being decided by this judgment. The appellant Ghewar Ram has preferred appeal No. 296 of 2001 and appeal No. 299 of 2001 has been filed by Babulal.

(2.) Both the accused-persons were found guilty under Sec. 379, IPC and Sec. 8/15 of the Narcotics Drugs and Psychtropic Substances Act, 1985 (for short "the N.D.P.S. Act"). For the offence of theft, each one was awarded three years' R.I. Under Sec. 8/15 of the NDPS Act, each one was awarded 10 years' R.I. and a fine of Rs.1 lac, and on account of non-payment of fine, they were ordered to undergo further R.I. for 2 years. The third accused Mangilal was acquitted of the charges under Sec. 379, IPC and Sec. 8/15 of the NDPS Act. The fourth accused Onkar Lal was also acquitted of the charges under Sec. 379, IPC and Sec. 8/29 of the NDPS Act.

(3.) According to the prosecution story, PW1 Narain Lal lodged an oral F.I.R. Ex. P/19 on 13-6-99 at Police Station 'Bhadesar' District Chittorgarh, according to which, during the night intervening 12/ 13/06/1999 when he was going near the house of Ghasi Jat, he found that four unknown persons were loading poppy husk in a truck bearing No. RJ 19-G/9312. According to the F.I.R., the poppy husk in village 'Dhanet Tokaria' were collected from the licensed agriculturists and after weighing it was to be taken away by the licensed contractors 'Amar Singh and party'. PW 1 Narain Lal suspected that the four persons who were loading the material did not represent the said 'Amarsingh and party' and when he questioned them and collected other villagers, two of them ran away and the two appellants represented that they were sent by the co-accused Onkar Lal to collect the material and hence they were loading the same in the said truck. A case under Sec. 379, IPC and Sec. 8/15 of the NDPS Act was registered by the Station House Officer PW 10 Shankerlal and appellants were arrested. The fourteen bags of Poppy husk were found loaded in the said truck which were weighed and it was discovered that total weight of the stolen material was 413 Kg. The arrested appellants disclosed that accused Mangilal and Mohanlal were with them who were able to make their escape good. Mangilal was subsequently arrested and challaned whereas Mohanlal was declared absconder and has not stood the trial. The challan was filed against two accused-appellants along with Mangilal and Onkar. They were charged for the offences as indicated above and all the four accused-persons pleaded not guilty.