RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) In this appeal, appellant challenges impugned judgment of 21st January 2012 vide which he has been held guilty of committing offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") as he was found in illegal possession of 32.560 kgs. of Ganja. Vide impugned order on sentence of even date, appellant has been sentenced to rigorous imprisonment for ten years with fine of Rs. 1,00,000/- and in default of payment of fine, trial court has directed that appellant shall serve sentence of rigorous imprisonment for nine months. The factual background of this case, as noted in the impugned judgment is as under:-

(2.) In this case of chance recovery, the crux of evidence led is tabulated by trial court in paragraph No.5 of the judgment. Suffice to note that the patrolling team was headed by Inspector Narender Tyagi (PW-10). The precise stand of appellant before trial court as reproduced in the impugned judgment is as under:-

(3.) Trial court, while discarding the aforesaid noted stand of appellant and by relying upon the prosecution evidence, has convicted and sentenced the appellant as noted here in above.