- (1.) This criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short, the Code hereinafter) is directed against the judgment and order dated 2-7-2003 passed by the Special Judge, NDPS Act Cases, Rajgarh, district Churu (for short, the trial Court hereinafter) in Sessions Case No.15/1998, whereby the trial Court convicted both the appellants for the offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short, the NDPS Act hereinafter) and sentenced each of them to undergo ten years' rigorous imprisonment and a fine of Rs.1,00,000/-, in default of payment of fine further to undergo 2 years rigorous imprisonment. Aggrieved by the judgment and order of conviction and sentence, the appellants have filed the instant criminal appeal.
(2.) Briefly stated, the facts, to the extent they are relevant and necessary for the decision of this appeal, are that PW 6 Jeeta Ram, Station House Officer, Police Station, Gangashahar, on 9-6-1994, along with Sub-Inspector PW 8 Gurdeep Singh, PW 2 Anop Singh, Bharat Singh, Kishan Lal, Mahendra Singh, Jagdish Prasad and Vikram Singh, while on patrolling duty at 11:30 PM, went to Satyu Road Circle, Taranagar. At about 12:00 in the night, they held a Nakabandi. At about 1:00 AM, a jeep was noticed coming from Satyu Road.
(3.) The said jeep was got stopped by the police party. Two persons alighted from the jeep and both of them disclosed their names as appellants Jaspal Singh and Budhu alias Budh Singh. On checking the jeep, it was found transporting poppy husk. Both the appellants fled away. They were chased by the police party but could not be apprehended. On checking the jeep, it was found carrying eleven bags, each containing 39 kgs of poppy husk, which were seized by the police. Subsequently, the appellants were arrested. After usual investigation, the police filed Challan against both the appellants for the offence under Section 8/15 of the NDPS Act. The trial Court framed charge, which the appellants denied and sought trial. The prosecution adduced evidence by producing eleven witnesses and certain documents were got exhibited. The appellants made statements under Section 313 of the Code and denied the allegation. Vide judgment and order impugned, the trial Court convicted and sentenced both the appellants, as noticed above. Hence this appeal.;