- (1.) THE appellants have preferred this appeal against the judgment of conviction and order of sentence dated 29.10.1988 passed by the learned Sessions Judge, Barmer in Sessions Case No.117/1987, whereby the appellants -accused were convicted and sentenced for the offences under Sections 20(ii), 23 and 29 of the NDPS Act and were sentenced to undergo 15 years' rigorous imprisonment with fine of Rs.1,00,000/ -, in default of payment whereof, to further undergo one year's rigorous imprisonment.
(2.) THE brief facts of the case are that on 29.08.1987, on the nakabandi of the officers of Revenue Intelligence Directorate, Jaisalmer with the officers of Customs Department, Barmer at Harsani Fanta, at about 7.00 a.m., two persons were seen coming there, who were stopped and searched. During inquiry, one persons named himself as Jugat Singh and other as Kamal Singh and both were having bags in their hands. On search of bags, 11 packets of charas were found in the bag hold by Jugat Singh weighing 10.850 kg. and 5 packets of charas were found in the bag hold by Kamal Singh weighing 5 kg.
(3.) THE samples were taken and were sent for chemical examination. After completion of investigation, filed charge -sheet against the appellants -accused on 23.11.1987 in the court of Munsif and Judicial Magistrate, Barmer for the offences under Sections 20, 21, 23 and 29 of the NDPS Act. Thereafter, the case was committed to the court of learned Additional Sessions Judge, Barmer (for short 'the learned trial court'). After hearing on charge, the learned trial court framed charges for the offences under Sections 20(ii), 23 and 29 of the NDPS Act against the appellants -accused, to which they denied and claimed trial. To substantiate the charges, the prosecution examined as many as 5 witnesses. The appellants -accused were thereafter examined under Section 313 Cr.P.C., wherein they denied the prosecution case and examined five witnesses in defence. After trial, the learned trial court, convicted and sentenced the appellants -accused vide impugned judgment dated 29.10.1988 as aforesaid. Hence, this appeal.;