ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals are directed against the judgment dated 16.5.2014 passed by the Special Judge, NDPS Act Cases No.1, Chittorgarh in Sessions Case No.48/2009 whereby the appellants were convicted and sentenced as below: Accused/Appellants Conviction for offence under Section Sentence Lekhraj Singh 8/15 of NDPS Act 10 years ' R.I. with a fine of Rs. 1 lac in default of payment of fine, to further undergo 1 year 's additional R.I. Ghewar @ Ghewar Ram 8/15 of NDPS Act 10 years ' R.I. with a fine of Rs. 1 lac in default of payment of fine, to further undergo 1 year 's additional R.I. Ashok 8/15 of NDPS Act 10 years ' R.I. with a fine of Rs. 1 lac in default of payment of fine, to further undergo 1 year 's additional R.I. 8/25 of NDPS Act 10 years ' R.I. with a fine of Rs. 1 lac in default of payment of fine, to further undergo 1 year 's additional R.I. Facts necessary and relevant for the disposal of the appeal are herein below.

(2.) Shri Sukhraj Singh posted as SHO Police Station Vijaypur received a source information on 22.4.2009 to the effect that a Mahindra passenger jeep No.RJ01-TA-1115 in which three persons were sitting was likely to come from towards Gwalior M.P. and would be proceeding towards Ajmer. It was suspected that bags full of poppy were being smuggled in the jeep. The information being reliable was taken down into writing and a copy thereof was forwarded to the superior officers through a special messenger as per the requirement of Sec. 42(2) of the NDPS Act. The SHO formed a team of Police personnel and proceeded to Bus Stand Vijaypur. Two private persons namely Prakash and Vinod were summoned to associate with the proposed proceedings of search and seizure. The Police party put up a cordon at the Gwalior turn village Vijaypur. At about 8 AM, the suspected Mahindra jeep was seen coming from towards Gwalior. The driver was signaled to stop the jeep but he broke through the Police cordon and drove the vehicle away at a great speed towards village Bassi. Pursuit was given. The suspects turned the vehicle towards Gopalpura road and just ahead of the village Arjunpura, the vehicle was stopped in an agricultural field and three persons fled away therefrom. Two occupants of the jeep were apprehended after pursuit but one managed to escape.

(3.) On inquiry, the apprehended persons disclosed their names to be Lekhraj Singh and Ashok. They feigned ignorance about the identity of the third man, who had escaped. The accused were given notice under Section 50 of the NDPS Act. They gave consent to be searched by the SHO. On search of the Mahindra Jeep No.RJ01-TA-1115 being taken, 8 bags full of poppy straw weighing 138 Kgs. were recovered. Two samples of 500 Gms. were taken out from each of the bags. The samples and the remaining contraband were sealed and chits with signatures of the Seizure Officer, the Motbirs and the accused were appended thereupon. Seizure memo was prepared at the spot. The offending vehicle was seized. The accused were arrested. Specimen memo of seal was also prepared at the spot. Thereafter, the SHO returned to the Police Station Vijaypur where, FIR No.32/2009 was registered against the accused for the offence under Section 8/15 of the NDPS Act.