Sandeep Mehta, J. - (1.) THE instant appeal has been preferred by the appellant Buta Singh against the judgment dt. 24.06.2013 passed by the learned Special Judge, NDPS Cases, Rajgarh in Special Sessions Case No. 1/2010 (4/2008) (6/2006) whereby he was convicted for the offence under Sec. 8/15 of the NDPS Act and was sentenced to undergo ten years' rigorous imprisonment and a fine of Rs. 1,00,000/ -. In default of payment of fine, he was directed to further undergo one year's simple imprisonment.
(2.) SUCCINCTLY stated the facts of the case are that the Head Constable Jai Singh, who was posted as the Incharge of the Check Post Gothiya, stopped and checked a truck bearing Registration No. MP07 -G7967. The driver of the truck upon enquiry could not show the challan permit etc. He was asked to bring the documents upon which he went towards the truck under the pretext of searching the documents in the vehicle. Thereafter, instead of returning back, he escaped abandoning the vehicle at the spot. These events took place at 12:30 AM in the night. When the truck driver did not return back till late in the morning, feeling suspicious, the Head Constable informed Shri Arjun Singh, Circle Officer, Rajgarh over telephone at 2:30 PM on 12.12.2005 on which he reached at the check post. He along with the other Police Officers posted at the Check Post undertook search of the vehicle bearing No. MP07 G 7967 and found some white powder packed in gunny bags loaded inside it. On a closer search of the truck, it was found that on the back, front and sides of the truck, the number plates bearing registration No. MP07 G 7967 were affixed while two number plates bearing a different registration No. HR37A -6121 were found in the truck's cabin. The registration documents of the vehicle were also suspicious because the engine number and the chassis number did not match. A service book was recovered from the truck in which the name of the purchaser was mentioned as Buta Singh S/o. Keemat Singh resident of Ligrai Bhatinda whereas in the duplicate registration certificate of the vehicle, the name of the owner was mentioned as Magar Singh S/o. Jora Singh resident of Tipinagar, Gwalior. The bilti of the goods lying in the vehicle was for china clay powder. The bags of the china clay were unloaded from the truck and concealed under them, contraband poppy straw packed in 41 gunny bags was found. On the weighment being done, it was found that a total of 12 quintals and 58 Kilograms of Poppy straw was loaded in the truck. The samples of poppy straw were taken out from the gunny bags. The poppy straw as well as the truck were seized. Thereafter, an FIR No. 348/05 for the offence under Sec. 8/15 of the NDPS Act was registered and investigation commenced. After completion of the investigation, the Police filed a charge sheet against the appellant for the aforesaid offence. The trial Court framed charge against the appellant for the offence under Sec. 8/15 of the N.D.P.S. Act. The charge framed against the appellant is reproduced herein under: - -
(3.) THE appellant pleaded not guilty and claimed trial. The prosecution examined twenty one witnesses in support of its case. The appellant, in his statement under Sec. 313 Cr.P.C., denied the allegations of the prosecution and submitted that he was not the registered owner of the vehicle and was not driving the same at the relevant time. The learned trial Judge at the conclusion of the trial proceeded to hold the appellant guilty of the offence under Sec. 8/15 of the NDPS Act and sentenced him as above. Hence this appeal.;