- (1.) THE appellant has preferred this appeal against the judgment of conviction and order of sentence dated 16.04.2090 passed by the learned Special Judge, NDPS Act Cases, Jodhpur in Sessions Case No.2/2007, whereby the appellant -accused was convicted for the offence under Section 8/21 of the NDPS Act and was sentenced to undergo ten 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 08.07.2006, SHO received a secret information from his mukhbir that a person coming on Motor Cycle No.RJ 04 1M 6955 from Balotra to Pali is having illegal contraband Charas with him. On receipt of this information, after reducing the same in writing, forwarded the same to the S.P. Pali and C.O. Pali Rural in pursuance to the provisions of Section 42 of the NPDS Act, proceeded to Jaitpur Choraha and and started nakabandi. He sent one constable Jalam Singh for bringing motbirs, who brought independent motbirs Madan Das and Ranchhod Ram.
(3.) DURING the course of nakabandi, at about 5.15 p.m., one motor -cycle reached there from Mandavas, which was stopped and when the name of the driver was asked, he disclosed his name as Ghevar Ram. Thereafter, a notice under Section 50 of the NDPS Act was given to him and he was searched. On search, from the motor -cycle, one plastic bag was recovered, in which there were three packets were found containing charas, without having any license. On weighing, the weight of the recovered contraband was found to be 1 kg. each packet, total 3 kg. Thereafter, after taking samples from each packet, the same were seized and sealed and the appellant -accused was arrested and a case was registered for the offence under section 8/21 of the NDPS Act. During investigation, the appellant -accused gave information under Section 27 of the Evidence Act (Ex.P/32) that he purchased charas from Lal Singh and Ganga Ram. In pursuance to this information, Lal Singh and Ganga Ram were arrested on 08.07.2006. Lal Singh and Ganga Ram also furnished information under Section 27 of the Evidence Act (Ex.P/33 and Ex.P/34) and stated that they purchased the charas from Prabhu and Daroga. The police, after completion of investigation, filed charge -sheet for the offence under Section 8/21 of the NDPS Act against the appellant -accused and for the offence under Section 8/21 read with Section 29 of the NDPS Act against Lal Singh, Ganga Ram, Prabhu and Daroga.;