S.C.Goyal And Anr vs Haiyat And Ors
2022 Latest Caselaw 5210 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Appeal No. 476/1994

S.C.Goyal And Anr
                                                                      ----Appellant
                                       Versus
Haiyat And Ors
                                                                    ----Respondent


For Appellant(s)             :     Mr. Mukesh Rajpurohit, ASG
For Respondent(s)            :     Mr. Ashok Kumar for
                                   Mr. Vineet Jain, Sr. Adv.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                         Order

07/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     The appellant has preferred this criminal appeal claiming for

the following prayer:-
      "It is therefore, humbly prayed that the appeal may kindly be
      allowed and the judgment passed by the learned Additional
      Sessions Judge, Barmer may kindly be set aside and the
      accused respondents be convicted for the offences."


     Mr. Mukesh, Rajpurohit, counsel for the Union of India

submits that sufficient proof was their before the trial court and

17 prosecution witnesses were produced to discharge the burden

of proof effectively.

     Counsel for the appellant submits that on 12.09.1988

Officers of Customs Department received secret information that a
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                                                                                  (2 of 2)                [CRLA-476/1994]


                                   truck no. RJ-C-4450 was carrying some contraband. Upon being

                                   stopped, the persons concerned ran away and upon inquiry from

                                   truck driver he told his name as Bagta Ram and the person who

                                   ran away was stated to be Jaggu Khan. Upon being searched

                                   certain contraband was recovered.

                                          Counsel for Union of India submits that the recovery of

                                   vehicle, contraband and persons Bagta Ram and Jaggu Khan in

                                   pursuance of story of prosecution is well supported by the

                                   circumstantial evidence as well as the evidence on record.

                                          Counsel for the respondent however, points out basic

                                   discrepancy in the story of prosecution as a mandatory provisions

                                   of NDPS Act were not adhered to. Counsel for the respondent

                                   submits that the incident is of about 34 years old and FSL report

                                   did not prove the sample of contraband was examined with full

                                   sanctity.

                                          The learned trial court has considered that the FSL report,

                                   which    is    critical   for    establishing         the     contraband,   but   has

                                   completely failed the test of law.

                                          This Court after hearing counsel for the parties and perusing

                                   record finds that learned trial court has rendered the judgment on

                                   the strength of complete failure of FSL report to establish the

                                   contraband in-question. Thus, no cause of interference is made

                                   out.

                                          The appeal is dismissed.


                                                                      (DR.PUSHPENDRA SINGH BHATI), J.

35-Sanjay/-

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