RADHESHYAM S/O BANSIRAM @ VISHRAM Vs. STATE

JUDGEMENT

(1.) Appellant/accused has filed this appeal under Section 374 of the Criminal Procedure Code against judgment dated 16.07.1997 passed in Special Case No.168/1996 by the learned Special Judge (NDPS Act), Mandsaur (MP), convicting him for the offence punishable under Section 8 read with Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act, in short) and sentenced him to undergo rigorous imprisonment for ten years and fine of Rs.1,00,000/- has also been imposed upon him with the default stipulation.

(2.) Brief facts of the case are that on 10.11.1996, on information of an informer, Station House Officer, Police Station Bhavgarh District Mandsaur (MP), after preparing panchnama of information, went to the spot and when the accused came toward Bhalot, searched him, after preparing necessary pachnama seized 11.460 kilograms opium from the Potli carried by the appellant/accused. After preparation of the seizure memo etc. a crime has been registered against the appellant and a challan has been filed in the trial Court. Learned trial Court, after trial of the appellant for the offence punishable under Section 8 read with Section 18 of the NDPS Act, convicted him for the same charge and sentenced him by the impugned judgment, as mentioned in para 1 of the judgment.

(3.) Being aggrieved by the impugned judgment, the appellant has filed this appeal on the ground that learned trial Court is not justified in convicting him on the basis of the evidence of Police Officers, which is not corroborated by independent witnesses.