MAHAVEER PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsels.

(2.) This appeal has been filed against the judgment of the learned Special Judge, NDPS Cases, Sriganganagar dated 29/11/2002, whereby, he has convicted the accused appellant under Section 8/15 of the Narcotic Drugs & Psychotropic Substance Act, hereinafter referred to as the 'Act', and sentenced him to undergo ten years R.I. and fine of Rs.1,00,000/- and in default of payment of fine, to further undergo two years R.I.

(3.) The brief facts of the case are that on 21.9.2000 the police patrolling party while on routine checking at Narsinghpura Bus Stand saw one jeep coming from Suratgarh. When the said jeep No.HRU 1152 was stopped, four persons were found sitting at the front seat of the jeep and back of the jeep was loaded with bags (Bori), which on checking found to be filled with Post (NDPS). The driver of the jeep introduced himself to be Mahaveer Prasad and other persons were Raju, Ranjeet and Prithvi. The said 10 bags of 'Post Chura' were weighed and found to be of 3 quintals and 80 kgs in weight and same were seized and samples were taken. The driver of the jeep Mahaveer Prasad denied of having any permit to carry said 'post chura' (NDPS Article).