AJAY BARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri Rahul K Mishra, Advocate has been engaged for arguing the case on behalf of the appellant. Despite repeated calls, he has not appeared when the case is called for hearing, therefore, Shri Manoj Mishra, Advocate, who is present in the Court has been appointed as Amicus Curiae to argue the case on behalf of the appellant.

(2.) The appeal is directed against judgment dated 25.6.2015 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'the Act 1985'), Ambikapur, Distt. Surguja (Chhattisgarh) in Special Criminal Case No. 24/2012 wherein the said Court convicted the appellant for commission of offence under Section 20(b) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000/- with default stipulations.

(3.) As per the version of the prosecution, on 08.9.2012, Sub Inspector RK Nishad, Police Station Ambikapur received an information that the appellant is doing the business of brown sugar, he went to village Gadwa for purchasing Brown Sugar and was returning on 08.9.2012 in Popular bus. On the basis of the information, Sub Inspector RK Nishad along with Police personnel reached to the spot and recovered 12.690 gm Brown Sugar from the appellant. After due compliance of the legal provisions and investigation, the appellant was charge sheeted. After completion of the trial, he was convicted as mentioned above.