RAGHUVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal filed under Section 374(2) Cr.P.C. accused appellant Raghuveer Singh herein has assailed the judgment of conviction and order of sentence dated 4.5.2001 delivered by Special Judge, NDPS Act Cases Pratapgarh who in his Cr.Case No.89/99 (18/95) while convicting the accused appellant for an offence under Section 8/21 of the N. DP. S. Act (hereinafter referred to as "the Act") has awarded him 10 years' rigorous imprisonment alongwith a fine of Rs. 1,00,000/-.

(2.) To appreciate the rival contentions as also for correct and proper disposal of the appeal concise facts are as under:

(3.) PW-4 Bhagat Singh, Sub Inspector Police at 7.00 PM on 17.9.1995 was standing alongwith PW-8 Bherulal constable at Zero Mile Square in Pratapgarh city. At that time Raghuveer Singh suddenly started running in suspicious circumstances by PW-4 Bhagat Singh. The accused appellant told them that he was having a panni and brown sugar which he was going to puff. Upon which the accused appellant was taken to the police station Pratapgarh before PW-5 Ishaq Mohd., Station I louse Officer, who gave a notice Ex. P/I 2 under Section 50 of the Act and recovered one gram brown sugar and framed him for offence under Section 8 21 of the Act. After usual investigation he was challenged and charged in the above offence. Upon his pleading not guilty and claiming trial prosecution examined eight witnesses and exhibited as many documents. In statements under Section 313 Cr.P.C. accused denied all the incriminating evidence appearing against him and pleaded false implication. However, no evidence in defence was produced Thereafter the learned court below after a threadbare discussion of the evidence convicted and sentenced the appellant as stated above.