MITHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated September 3, 1990, passed by the Additional Sessions Judge No. l, Hanumangarh (camp Sangaria,) by which the learned Additional Sessions Judge convicted the appellant under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to undergo ten years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo two year's rigorous imprisonment.

(2.) THE appellant was tried by* the learned Additional Sessions Judge No. 1, Hanumangarh (camp Sangaria) for the offence under section 8/15 of the N. D. P. S. Act. THE case of the prosecution is that PW 6 Dalu Ram. A. S. P. Police, Police station Sangaria on April 26, 1987, alongwith H. C. Sant Ram, Constables Hari Ram, Mangal Singh, Durga Ram, Satya Narain, Bhot Ram, Ranveer Singh and Hanuman was sitting in abush near R. D. Head 36 of Sadul Branch of Rajasthan Canal. At about 4. 00 p. m. , the accused came there on a motor cycle and on a search, 6 kgs. of poppy-head powder was found in a bag which was tied on the motor cycle. Dalu Ram, after necessary investigation, presented the challan and the accused was tried by the learned Additional Sessions Judge No. , 1 Hanumangarh (camp Sangaria) for the offence under Section 8/15 of the N. D. P. S. Act. THE prosecution, in support of its case, examined PW 1 Karnail Singh, PW2 Sant Ram, PW 3 Lal Singh, PW 4 Jeewan Ram, PW 5 Yudhister Kumar and PW 6 Dalu Ram, A. S. I. THE learned Additional Sessions Judge, after trial, convicted and sentenced the accused-appellant as mentioned above.