MANOJ KUMAR GARG,J. - (1.) The instant criminal appeal has been filed by the appellant against the judgment dated 13.4.2015 passed by learned Special Judge, NDPS Act Cases No. 2, Chittorgarh in Sessions Case No. 169/2014, by which the Trial Court convicted the present appellant for the offence under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 482 I.P.C. and sentenced him as under :- Offence Sentence 15 years Rigorous imprisonment with fine of Rs.1,50,000/- in 8/18 NDPS Act default of fine to undergo one year RI One year SI with fine of Rs.1000/-, in default of fine to undergone 482 I.P.C. one month SI
(2.) Brief facts of the case are that on 27.6.2010, SHO P.S. Shambhupura received a secret information regarding transportation of opium in a vehicle. The police party reached the highway road and laid an ambush. At about 7.30 PM one White colour Logan Car No. RJ 09 CB 6096 coming from Nimbahera side was signaled to stop but the driver tried to ran away. Upon chasing, the car was stopped in which two persons were sitting who were identified as Birma Ram and Pokar Ram. Upon search, three bags were recovered containing total 18 kg 500 gm opium for which the accused had no license or permit. The police seized the contraband and arrested the accused persons including the appellant.
(3.) The police registered the FIR for offence under Section 8/18 NDPS Act and Sections 307, 419 I.P.C. and started investigation. After investigation, the police filed challan against the present appellant as well as co-accused Birma Ram. During the course of trial, the co-accused Birma Ram absconded, therefore, the trial proceeded against the present appellant alone. The charges of the case were framed against the appellant. He denied the charges and claimed trial.;