RAKESH KUMAR RAGHUVANSHI Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal filed under Section 374 of Cr.P.C. accused/appellant Rakesh is aggrieved by the judgment dated 20/11/1997 passed by the Special Judge (N.D.P.S.), Ujjain in Special Case No.8/1997 convicting the accused for offence under Section 8 read with 15 of the N.D.P.S. Act and sentencing him to undergo 10 years R.I. with fine of Rs.1,00,000/. In case of default of the payment of the fine, he was to undergo an additional sentence of two years imprisonment.

(2.) Brief facts of the prosecution case are that on receipt of an information, the police officer Sub Inspector Musharaf Beg on 29121996 intercepted the accused appellant Rakesh Kumar, who was travelling in a train Bhopal Rajkot Express bearing Train No. 1270. He was apprehended by the Police and in presence of Panch witnesses, three cartoons containing contraband articles, namely, poppy husk were recovered by the investigating officer from the accused appellant. It is alleged against the appellant that the appellant had in his possession total 50 kilograms of opium, which was sent for sampling test. Thereafter, the appellant was arrested and a crime was registered against him at police station G.R.P., Ujjain for the offences punishable under Section 8/15 of NDPS Act. Upon completion of the investigation, the accused was charged for offence under Sections 8/15 of the NDPS Act and duly committed to his trial.

(3.) Accused/appellant abjured his guilt and stated that he has been falsely implicated in the matter. On the basis of documentary evidence, the Trial Court convicted and sentenced the appellant as already stated herein above. Being aggrieved, the appellant has filed the present appeal.