KRISHAN KUMAR & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-persons Kishan Kumar and Jile Singh, who both were found guilty for the offence punishable under Sec. 8/15 of the N.D.P.S. Act by the learned Special Judge, N.D.PS. Cases, Rajgarh District Churu vide judgment dated 27.3.2002.

(2.) According to the prosecution story, PW11 Bhanwar Lal, S.H.O. Police Station, Rajgarh on 14.6.1995 at 1.10 P.M. received a secret information from some informer to the effect that two vehicles bearing No. HR-17/0381 and WB-19- TC/008 were coming from Jhunjhunu with crushed poppy capsules 1 loaded in them and were likely to cross-over to Haryana. The said S.H.O. recorded a Memo Ex.Pel 7 and also made an entry Ex.P/26A in the 'Rajnarricha' of the police station to that effect and thereafter proceeded with other police personnel on Berasar-Binjawas road and conducted a s 'Naka-bandr near village Berasar. At about 6 P.M., the two trucks came, which were stopped. The appellants Krishan Kumar and Jile Singh were found in the Truck bearing No. HR-17/0381. Thereafter the search was conducted, which yielded crushed poppy capsules in bags weighing 15 ant. 95 Kgs. The samples weighing 100 grams each were separated from each bag and were sealed on the spot. The two appellants were arrested and taken to the police station where a case was registered. During investigation, two more accused-persons Het Ram and Subhash were found involved in the matter for the offences punishable under Sec. 27 and 29 of the N.D.P.S. Act. One Rohitash and M/s. Moolchand & party were found involved for the is offences under Sec. 26-B and 27 of the N.D.P.S. Act. However, by the time, the investigation was completed, the said Rohitash and M/s. Moolchand & party were found innocent and report under Sec. 179 was filed in respect of both of them. After completion of investigation, the two appellants were challaned for the offences punishable under Sec. 8/15 of the N.D.PS. Act. 2s) The accused Het Ram and Subhash were challenged for the offences punishable under Sec. 27 and 29 of the N.D.P.S. Act. The learned trial court discharged the accused Het Ram vide order dated 5.5.99. The accused Subhash was discharged for the offences punishable under Sec. 27 and 29 of the said Act. However he was charged for the offence punishable under Sec. 8/27 of the said Act. All the three pleaded not guilty for the said charges. Eleven witnesses were examined by the prosecution and none was examined in defence. Arguments were then heard by the learned trial court and the judgment was delivered on 27.3.2002. The accused Subhash was acquitted. Both the appellants were found guilty as stated supra and each one has been awarded R.I. for 10 years and a fine of Rs. 1 lac. On account of non-payment of fine, additional R.l. for 2 years has been ordered.

(3.) I have heard the learned counsel for the appellants as well as the learned Public Prosecutor for the State. I find that the conclusions drawn by the learned trial court against the appellants in respect of the finding of guilt are unsustainable and the appeal deserves to be allowed.