[2026:RJ-JD:11140]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 441/2026 State Of Rajasthan, Through Pp ----Appellant Versus

1. Ramchander S/o Shri Dayaram Nath, Niwasi 49 L.l.w.

Narsinghpura Police Thana Ghamoorwali, Tehsil Padampur Distt. Sri Ganganagar.

2. Bhairaram Nath @ Sandeep S/o Palaram Nath, 49 L.n.w.

Narsinghpura, Police Thana Ghamoorwali, Tehsil Padampur Distt. Sriganganagar.

----Respondents For Appellant(s) : Mr. N.S. Chandawat, Dy.G.A.

For Respondent(s) : Mr. Sunil Vishnoi HON'BLE MR. JUSTICE FARJAND ALI

Judgment

25/02/2026

1. The present appeal has been instituted under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 assailing the judgment dated 21.11.2024 rendered by the learned Special Judge NDPS Act Court Sri Ganganagar in Special Sessions Case No.33/2022. By the impugned judgment, the learned trial court acquitted the respondents from the charges under Sections 8/22 & 8/22 read with Section 29 of the NDPS Act 1985, extending to them the benefit of doubt.

1.1. Aggrieved by the said acquittal and questioning the legality and propriety of the findings recorded by the court of first instance, the present appeal has been preferred seeking reappraisal of the evidence and reversal of the order of acquittal.

2. The brief facts giving rise to the present appeal, as borne out from the record, are that on 05.02.2022, Sub-Inspector Babu Ram of Police Station Sadar, Sri Ganganagar, while on routine patrol duty along with the police party, reached at about 5:45 PM near Village 4 ML Nimbawali. At the far end of the village, on the roadside, a Swift Dzire car was noticed, near which a person was standing in a suspicious manner. On noticing the police party, the said individual became visibly perturbed and hurriedly attempted to conceal himself behind the vehicle and thereafter abruptly opened the door of the car, sat inside and tried to start it. His conduct aroused suspicion, whereupon the police party apprehended him and upon inquiry he disclosed his name as Ramchandra.

2.1. The key of the vehicle was obtained from him and a search of the car was conducted. During the search, a yellow plastic jerrycan having a capacity of approximately five litres was found lying on the rear seat of the vehicle. Upon opening the lid of the said container, several strips of tablets were noticed inside. Consequently, the jerrycan was carefully cut open from the side with the help of an iron blade for thorough inspection. From the container, a total of 154 strips, each containing 10 tablets, amounting to 1540 tablets were recovered, the aggregate weight of which was found to be 418.88 grams.

2.2. During interrogation, the accused Ramchandra disclosed that he had procured the said tablets from one Bhairaram Nath @ Sandeep. Thereafter, in compliance with the mandatory legal formalities, samples of the recovered contraband were drawn and the prescribed procedural requirements were duly fulfilled. On the basis of the recovery, FIR No.55/2022 was registered at Police Station Sadar, Sri Ganganagar under Section 8/22 of the NDPS Act and investigation was set into motion.

2.3. Upon completion of investigation, the prosecution found sufficient material to proceed against accused Ramchandra for offences under Sections 8/22, 25 and 29 of the NDPS Act, and against co-accused Bhairaram Nath @ Sandeep for the offence under Section 8/22 read with Section 29 of the Act. Accordingly, a charge-sheet was submitted before the learned Special Judge, NDPS Cases, Sri Ganganagar.

2.4. After hearing the parties, the learned trial court framed charges against accused Ramchandra for offences under Sections 8/22 and 8/22 read with Section 29, and against accused Bhairaram Nath @ Sandeep under Section 8/22 read with Section 29 of the NDPS Act. The charges were read over and explained to the accused persons, who denied the same and claimed trial.

2.5. In order to substantiate its case, the prosecution examined eleven witnesses (PW-1 to PW