TRILOKI GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 01.11.2003 passed by Special Judge (NDPS Act), Bastar at Jagdalpur (C.G.) in Special Case No. 19/2003, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act, 1985") and sentenced to undergo R.I. for 2 years and fine of Rs. 7000/- with further default stipulations.

(2.) As per case of the prosecution, on 09.05.2003, information was received by Sub-Inspector- Alim Khan from informer that one person carrying ganja in suitcase is standing near Dhanpunji Naka. After receiving the information and after complying with all the legal formalities, the police officer reached to the spot where he was found the appellant carrying with one suitcase and after search of the suitcase, contraband article ganja was found. The matter was investigated, appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-