In a criminal trial, the prosecution is required to prove its case beyond reasonable doubt. The accused is entitled to the benefit of doubt if the prosecution fails to prove its case.

JUDGMENT

P.K. Lohra, J. - Accused-appellants, in these appeals, have challenged their conviction recorded by Special Judge, NDPS Act Cases, Jodhpur (for short, 'learned trial Court'). The learned trial Court, while convicting the appellants in Sessions Case No. 19/2011 for offence under Section 8/15 of the NDPS Act, by its impugned judgment dated 29 th of April 2014, handed down sentence of rigorous imprisonment for 10 years with fine of Rs.1,00,000 and in default of payment of fine to further undergo one year rigorous imprisonment. It is further ordered by the learned trial Court to extend benefit of Section 428 Cr.P.C. to both the appellants.

2. The facts, apposite for the purpose of these appeals, are that on 31 st of August 2010, SHO, PS Raipur, District Pali (PW13) received an information through Mukhbir pertaining to illegal purchase/transport of huge quantity of poppy straw by the accused-appellants from Jassa Khera to Raipur Highway in vehicle Bolero bearing registration No. RJ-27-UA-2909. Information as such is jotted down by the SHO concerned, which reads in vernacular as under:

^^vkt ds jkt oDr 8-00 ,-,e cts ij eu mi fujh{kd v'kksd vkat.kk Fkkukvf/kdkjh jk;iqj ftyk ikyh dks tfj;s eq[kfcj[kkl ds bRryk feyh fd **,d cksysjks xkM+h ftl ij uEcj vkj ts 27 ;w, 2909 dh uEcj IysV yxh gqbZ gS tks vHkh&vHkh tLlk [ksM+k ls fudy dj jk;iqj gkbos ij p<+sxh ftlesa nks O;fDr lokj gksdj xkM+h esa voS/k MksMk iksLr Hkjk gqvk gS vxj rqjar ukdkcUnh dh tkosa tks xkM+h e; voS/k MksMk iksLr ds cjken gks ldrk gSA vr% QnZ bRryk eq[kfcj eqfrZc dh xbZA bRryk eq[kfcj[kkl fo'oluh; gksus ls eu~ Fkkukf/kdkjh v'kksd vkat.kk e; tkCyk ds Fkkuk jk;iqj ds lkeus vke jksM+ ij ukdkcUnh esa O;Dr gks jgk gwWa A^^

3. As per the version of prosecution, before proceeding for raid, the SHO concerned divulged the said information in writing to his immediate superior officer through messenger. Thereafter, PW13 made endeavour to summon independent motbirs and after obtaining their concurrence proceeded/rushed to the spot well equipped accompanied by his team. Upon reaching the main road, opposite Raipur PS, Nakabandi was arranged to apprehend accused persons. At about 9:15 AM, vehicle Bolero of the registration number is sighted by the team members and thereupon it was intercepted. Both the appellants were found seated in the vehicle on the front seats while appellant Ratanlal occupying driver seat. Later on, both the appellants were temporarily taken into custody and the vehicle was searched from its nook to corner. During search in presence of mobirs, 17 bags, i.e 12 jute bags and 5 plastic bags were recovered containing poppy straw of huge quantity. When all the bags/containers were weighed, total weight came to 350 kg. The details about bags recovered from the appellants and weight of poppy straw stuffed in each bag, procedure adopted for drawing samples as mentioned in Seizure Memo (Ex.P/2) is as under:

^^ys:yky o jruyky mQZ ekuh;k }kjk voS/k MksMk iksLr ls Hkjs cksjs dCts esa j[k ifjogu dj tqeZ /kkjk 8@15 ,u-Mh-ih-,l ,DV dh vogsyuk djuk ik;k tkus ij cksysjks thi o voS/k MksMk iksLr ls Hkjs 17 cksjks dks okLrs otg lcwr dCtk iqfyl fy;k oDr 9-40 ,-,e ij dkfu Hkh lS.kkjke u0 1250 dkehuh dkaVk ysdj vk;k ftl ij ekSrfcjku ds :c: cksjks esa Hkjsa voS/k MksMk iksLr dk rksy fd;k x;k rks cksjks lfgr dze'ka otu ekdZ , es 24 fdyks] ekdZ ch esa 23 fdyks] ekdZ lh esa 24 fdyks] ekdZ Mh esa 19 fdyks] ekdZ b esa 23 fdyks ekdZ] ,Q es 18 fdyks] ekdZ th esa 27 fdyks] ekdZ ,p esa 20 fdyks] ekdZ 1 esa 15 fdyks] ekdZ ts esa 18 fdyks] ekdZ ds esa 38 fdyks] ekdZ ,y esa 08 fdyks] ekdZ ,e esa 08 fdyks] ekdZ ,u esa 06 fdyks] ekdZ vks esa 28 fdyks] ekdZ ih esa 30 fdyks] ekdZ D;w esa 21 fdyks gksdj dqy 17 VkV o IykfLVd ds cksjs es dqy 350 fdyks voS/k MksMk iksLV Hkjk gqvk ik;k x;k ftl ij voS/k MksMk Hkjk gqvk ik;k x;k ftl ij voS/k MksMk iksLr ls Hkjs cksjks es