Hon ble THANVI, J.—These are two separate appeals, one filed by Guneshgar and the other by Rukmana 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 u/s.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 Govt. jeep being No.RJ04C1781 & 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 Govt. 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 sitting nearby disclosed his name to be Gun

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