O.P.BISHNOI,J. - (1.) THIS appeal has been preferred by accused Moti Singh who has been found guilty for the offences Under Section 8/18 and 8/29 of the N.D.P.S. Act by the court of Special Judge, N.D.P.S. Cases, Chittorgarh vide judgment dated 25.7.2000. Rigorous Imprisonment for 12 years and a fine of Rs. 1 lac and further rigorous imprisonment of one year for non -payment of fine has been ordered for each offence.
(2.) THE prosecution case, in brief, is that on 2.5.1996 the Inspector of Central Narcotics Bureau Y.K. Chaturvedi along with Superintendent Rakesh Kumar and others went to Medikhera Railway Crossing where a Fiat car bearing No. RJN 4533 came from Chittorgarh side. They signalled the car to stop but the car did not stop, whereupon they chased the car which ultimately was found near a hotel but the occupants were able to make their escape good. A search was made and two packets were recovered under the seat of the driver which contained opium weighing 18.530 Kg. As the occupants could not be recognised the articles lying in the car, were scrutinized and from the pocket of the shirt lying in the car, an envelop was recovered which contained the name of the addressee as 'Moti Singh R/o Village Sarwania Bore, Post Newad, District Mandsor (MP)'. The Narcotics people went to the said village and the house of the appellant was searched but nothing objectionable was found in the house. According to the prosecution story, summons were sent to the appellant but he did not appear and ultimately it came out that he was in custody in the Central Jail, Udaipur in connection with some other case along with the co -accused Bherulal. Bherulal and appellant Moti Singh, with permission of the concerned court, were taking into custody by the Narcotics people and it is alleged that their statements Ex.P/16 and Ex.P/17 were recorded on 21.8.1996 whereby both allegedly admitted that the car in question belonged to Sukh Ram and Mangilal who occasionally used to come to Bherulal and appellant Moti Singh for the purchases of opium and on 1.5.1996, the opium weighing 9 Kg. was provided to them by the co -accused Bherulal. They further disclosed that Bherulal and Moti Singh, on 10.8.1996 while bringing 5.500 Kg. opium for Sukhram and Mangilal, were arrested near Udaipur and were put in jail.
(3.) ON the basis of the alleged confessional statements, challan was filed in the said court against Bherulal and Motisingh after declaring Sukhram as absconder. The charges were framed and both pleaded not guilty. PW -1 Chaturbhuj, PW -2 Rakesh Kumar, PW -3 V.K. Chaturvedi, PW -4 D.S. Shishodia, PW -5 Raichand and PW -6 Kazi Naseem Ahmed were examined by the prosecution. No defence evidence was led by the accused -persons. The learned trial court heard the arguments and delivered the judgment dated 25.7.2000 against which this appeal has been preferred by the convict Motisingh.;