MUNIB KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant- Munib Kumar impugns judgment dated 27.04.2010 of learned Additional Sessions Judge in Sessions Case No. 16/2008 arising out of FIR No. 656/2007 PS Hazrat Nizammudin by which he and Sunil Kumar were convicted under Section 20 (b)(ii)(B) of NDPS Act. By an order dated 27.04.2010, the appellant was sentenced to undergo RI for seven years with fine Rs. 70,000/- and in default of payment to undergo SI for nine months.

(2.) ALLEGATIONS against the appellant were that on the night intervening 23/24.11.2007 at Mathura Road, Nizamuddin near petrol pump, he and his associate Sunil Kumar were coming from the side of Railway Road, Nizammuddin on foot and were carrying bags on their shoulders and suit cases in their hands. On checking the bags and suit cases, it were found containing 'ganja'. The total recovery effected from the appellant was 8 kg and 10 kg from both the bags. After completion of investigation, they were charged. The prosecution examined nine witnesses. In their 313 statements, the accused persons pleaded false implication. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court, by the impugned judgment, held both the present appellant- Munib Kumar and Sunil Kumar guilty for the offence mentioned previously. Being aggrieved, the appellant- Munib Kumar has preferred the instant appeal.

(3.) I have considered the submissions of the parties and have examined the Trial Court record. Since the appellant has not opted to challenge the findings of the Trial Court on conviction under Section 20 (b)(ii)(B) of NDPS Act, the order of conviction of the Trial Court stands affirmed.