RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused appellant against the judgment and order dated 24.1.2001 passed by the learned Special Judge, NDPS Cases, Jalore Camp Bhinmal in Sessions Case No. 1/2000 by which he convicted the accused appellant for the offence under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act) and sentenced him to to undergo ten years' Rigorous Imprisonment and to pay a fine of Rs. 1 lac, in default of payment of fine, to further undergo six months R.l.

(2.) It arises in the following circumstances-

(3.) In this appeal, the learned counsel for the accused appellant has raised only one submission and the same is that the prosecution has utterly failed to prove that the bag in question exclusively belonged to the accused appellant, as it has been admitted by the witnesses of the prosecution, namely RW. 4 Shantilal, PW. 5 Dhudaram and RW. 6 Tejaram, who were independent witnesses, that in the bag in question, there was license in the name of Ladhudan Charan and clothes of Ladhudan Charan were also there in the said bag and there is also evidence that he was also staying in that room and, therefore, the learned Special Judge has committed mistake in holding that the bag in question was in exclusive possession of the accused appellant and thus, the findings of the learned Special Judge are liable to be set aside and the accused appellant is entitled to acquittal.