HANSRAJ Vs. CENTRAL NARCOTICS BUREAU

JUDGEMENT

(1.) This appeal has been filed under section 374 of Cr. P. C. being aggrieved with the judgment of conviction and order of sentence passed by Special Judge (NDPS), Gwalior in Special Sessions Trial No.2 of 2002 on 29th January, 2008 whereby, the appellant has been convicted under section 8/29 of NDPS Act and sentenced to undergo ten years RI with fine of Rs.1,00,000/- with default stipulation.

(2.) Brief facts of the case are that on 6.9.2001 Sub Inspector along with his team of Central Narcotics Bureau Gwalior went for checking illegal narcotics drugs and substances. At about 5.30 PM, a bus belonging to Vivek Travels Gwalior bearing Registration No. M.P.07 F-0749 came from Indore going towards Gwalior. The bus was stopped and Sub Inspector gave his introduction to the conductor and driver of the bus and told that he wants to check. On checking, one passenger travelling in Seat No.20 was found suspicious. He was interrogated. He disclosed his name as Hansraj S/o Bhawanlal R/o Village Gangti PS Chheepa Badod district Bara Rajasthan and search was made following the due procedure of law. During search, 250 Grams of of narcotic substance was found. He was not having any license. The same was seized. Appellant accused Hansraj disclosed that he was going to handover Heroin to one Rajeev at Itawah. Thereafter, he was arrested. He disclosed that Rajeev engaged in selling Heroin illegally. Thereafter, staff of narcotic department went to Itawah and staff of Narcotics Department Lucknow also came. Thereafter, premises and factory of Rajeev Verma was searched following due procedure of law. From there, 1.450 Gram heroin was seized along with some chemicals, balance and weights, for making Heroin. Rajeev disclosed that Abdul Ajeez and Bhupendra used to supply opium for preparing heroin. Thereafter, search was made in the house of Ajeez and Bhupendra but nothing has been found except some bills.

(3.) After due investigation, the charge sheet was filed. The case was committed for trial to the Special Sessions Court. Learned trial court framed and explained the charges to the appellant. The appellant-accused abjured the guilt and claimed trial. Learned trial court has recorded the statements of the prosecution witnesses. After scanning evidence and material on record, the learned trial court held the appellant guilty under section 8/29 of the NDPS Act and sentenced him as stated in para 1 of this judgment. Being aggrieved, this appeal has been preferred.