RAKESH SHAKYA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal under Section 374 of Cr.P.C. against the judgment dated 29 th August, 2008 passed in S.S.T.No.07/2007 by learned Special Judge (NDPS), Gwalior whereby the appellant has been convicted for the offence under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity NDPS Act) and sentenced to undergo 3 years' RI with fine of Rs.1,000/- with default stipulation.

(2.) The brief facts of the case are that on 03-09-2007 at about 9:30 am on an information while checking the suspects, two persons have tried to escape after seeing the police party at Railway Station, Gwalior out of them one was caught by the police and 7 kg. poppystraw was seized from him which was sealed on the spot and after taking sample FIR has been registered against the appellant. On filing of challan, the trial Court after trial of the appellant, convicted him for the offence under Section 8/18 of NDPS Act and sentenced him as mentioned in paragraph 1 of this judgment.

(3.) Feeling aggrieved by the impugned judgment of conviction and sentence, the appellant has filed this appeal mainly on the ground that learned trial Court is not justified in convicting the appellant on the basis of uncorroborated testimony of witnesses. The sentence awarded by learned trial Court has also been challenged on the ground of it being too harsh.