True Court CopyTM


S.B. Criminal Appeal No. 914/2017

Decided On: 31.05.2018

Appellants: Subhash Vs. Respondent: State of Rajasthan

Hon'ble Judges/Coram:
Ramchandra Singh Jhala


Ramchandra Singh Jhala, J.

1. This criminal appeal has been filed on behalf of appellant against the judgment dated 25.4.2017 passed by learned Special Judge, N.D.P.S. Act Cases, Pratapgarh (hereinafter referred to as 'the trial court') in Sessions Case No. 4/2011 whereby the accused-appellant was convicted for the offence punishable under Section 8/15 of N.D.P.S. Act and sentenced him for a period of twelve years rigorous imprisonment and imposed a fine of Rs. 1,20,000/- and in default of payment of fine, further to undergo one years rigorous imprisonment.

2. Brief facts of the case are that on 22.8.2010 at 6:00 AM, Shri Pravin Tak, S.H.O., Police Station, Rathanjana (PW-13) along with police officials Ghisalal (PW-6), Premlal (PW-10), Ravinder Kumar (PW-11), Shiv Ram (PW-12) and Panna Lal, Prabhu Lal, Kamalchand after taking necessary materials reached to the Kajli Road by a Government jeep whose driver was Ramchandra for seizing the smuggling articles and conducted nakabandi on the road of Kajli to Bhameriya. During nakabandi at about 8:30 AM, they saw one golden colour bolero jeep No. R.J.26 U.A. 0210 coming from village Thada in high speed and police officials gave signal to stop the vehicle, but the same was not stopped and driver of the vehicle rashly drove the vehicle and run away towards Neemach and the police officials followed the vehicle and over took the bolero near newly constructed Primary Health Centre, Bardiya at a distance of Kajli Fanta. The driver of the vehicle Pappa Ram fled away through the Health Centre and two persons were sitting in the vehicle. Thereafter in the presence of passersby Gajraj (PW-1) and Pappu (PW-2), name of the said two persons asked by the police officials and they disclosed their name as Mahesh and Subhash and name of driver was disclosed as Pappa Ram S/o. Kheta Ram, by caste Bishnoi, R/o Feench. The S.H.O. also asked them about what is in the bags? They told that they are unknown about what is in the bags. In search of vehicle, the police recovered total 240 kgs poppy husk/straw kept in 10 bags. The S.H.O. took samples of 250 gram from each bag and sealed the same on the spot. The remaining contraband and bolero jeep were seized and thereafter an FIR No. 102/2010 was registered at Police Station, Rathanjana, District Pratapgarh and investigation was handed over to Nathu Singh, S.H.O., Police Station Dhamotar. After completion of investigation, charge sheet was filed against the accused-appellant and Pappa Ram for the offence under Section 8/15 N.D.P.S. Act before the trial court.

3. During the trial, co-accused Mahesh died and proceeding against him was dropped.

4. The learned trial court framed charges against the accused for the offence punishable under Section 8/15 of N.D.P.S. Act which the appellant denied and claimed to be tried.

5. The prosecution has produced Gajraj Singh (PW-1), Pappu alias Virender (PW-2), Phoolchand (PW-3), Nahar Singh (PW-4), Mangi Lal (PW-5), Gheesa Lal (PW-6), Surender Singh (PW-7), Durga Singh (PW-8), Rameshwar Lal (PW-9), Prem Lal (PW-10), Ravinder Kumar (PW-11), Shiv Ram (PW-12), Pravin Tak (PW-13) and Bhanwar Singh (PW-14) and exhibited 17 documents.

6. After closing the evidence, the accused-appellant Subhash and co-accused Pappa Ram were examined under Section 313 Cr.P.C. The accused persons denied the statements of all the prosecution witnesses. The co-accused Subhash has specifica........