JUDGMENT

Deo Narayan Thanvi, J.—These are two separate appeals, one filed by Guneshgar and the other by Rukhmana Ram against the judgment of the learned Special Judge, NDPS Cases, Jodhpur dated 17.7.06, whereby both the accused appellants were convicted for the offence under Section 8/15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, hereinafter referred to as ‘the Act’ and sentenced to ten years’ R.I. and to pay a fine of Rs.one lac and in default, to further undergo one year’s S.I.

2. Facts leading to these appeals are that on 25.5.05 at 3 P.M., when the SHO Ramchandra of Police Station, Dhorimanna, District Barmer, was patrolling with other police staff in Government jeep being No.RJ04C1781 and intercepting the vehicles for checking at Meethda Phanta on National highway No.15, at 5 PM they saw one Tata Sumo with black glasses, which were closed, coming from the side of Gandharv. On suspicion, they tried to stop the vehicle but the driver on seeing the police party, rushed the vehicle towards Dhorimanna. The Government vehicle was turned towards the Tata Sumo and at some distance, the Tata Sumo was stopped. The name of the driver was Rukhmana Ram and the person sittin