Honble THANVI, J.—These are the three appeals filed by five accused appellants arising out of the judgment of learned Special Judge, NDPS Cases, Chittorgarh dated 28.1.2003, whereby he convicted all the five accused appellants for the offence u/section 8/15 of the Narcotic Drugs & Psychotropic Substances Act 1985, hereinafter referred-to as “the Act” and sentenced each of them to undergo ten years R.I. and to pay a fine of Rs.one lac and in default, to further undergo three months S.I. The truck No.RJ 19 G 3625 was also ordered to be confiscated. However, the proceedings against Nirbhay Singh were kept pending u/sec.173 (8) CrPC.

(2). Facts leading to this appeal are that on 25.4.2001, Anil Joshi, SHO, PS, Bhadesar received a secret information that the accused Babulal Jat & Jeevan Ram Bishnoi are purchasing poppy straw from the nearby village Muraliya and accused appellants Anar Khan, Ayub Khan and Shakeel Khan are loading the said poppy straw in the truck, who will be dropped at Chittorgarh Border. The information was recorded in the Rojnamcha and copy of it was sent after giving notice to the motbirs. They saw one truck being No. RJ19G 3625 near Delvas in which five persons inclu

Click Here to Read the rest of this document