SHAKIR ALIAS GABBAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of the Cr.P.C. is against the judgment of the trial Court dated 22.2.2011 passed in Special Trial No.14/2008 by the Special Judge (NDPS Act), Indore convicting the appellants for offence under Section 8/20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances, Act (for short "NDPS Act") and sentenced them for 7 years R.I. each and fine of Rs.25,000/- each; in default one year's R.I.

(2.) The prosecution story is that on 23.9.2008 intimation was received that 3 persons were expected to illegally transport the contraband item Ganja. On that information, the appellants along with one more person, were intercepted and during the search it was found that they were carrying Ganja in 3 separate bags weighing 10 k.g., 10 k.g. and 4 k.g. The formalities as prescribed in the Act were completed and the appellants and one more accused person namely Yuvraj was arrested for the alleged offence. The investigation was completed and Challan was filed and they had abjured their guilt and the trial had taken place in which the appellants have been convicted and sentenced, as mentioned above.

(3.) Learned counsel appearing for the appellants submits that the appellants do not wish to challenge the finding of the trial Court in respect of the conviction of the appellants.