SEVARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Section 374, Cr. P.C. is directed against the judgment dated 9-6-1992 passed by the learned Addl. Sessions Judge, Nagpur Camp Deedwana whereby he has convicted the accused appellant under Section 8/20 of the N.D.P.S. Act and sentenced him to 10 years R.I. with a fine of rupees one lac and in default of payment of fine to further undergo 2 years R.I.

(2.) Briefly stated the facts of the case that a first information report was registered on 30-9-1991 by Patrolling Officer of Custom Department against the accused appellant alleging that on 29-9-1991 when he was patrolling with his team in the cattle fair, Deedwana the appellant afraid of them and on search in plastic bag 2 totals of Bhang was recovered from him and thereafter for village Nimod about 750 gms. dry leaves of Bhang were recovered. A sample of 30 grams of Bhang was sent for chemical examination and on examination it was found to be Bhang. A challan was filed against the accused appellant under Section 8/20 of the NDPS Act, 1985 in the court of Munsif and Judicial Magistrate, Ist Class, Deedwana who committed the case to the court of Addl. Sessions Judge, Nagaur. Charge was framed against the appellant under Section 8/20 of the N.D.P.S. Act, the appellant confessed the offence and submitted that he does not want to fight the case. After conclusion of the trial, the learned Addl. Sessions Judge found him guilty for the offence/and convicted and sentenced him as aforesaid.

(3.) Mr. Purohit, learned counsel for the appellant submits that the learned Addl. Sessions Judge has erred in convicting the accused appellant as the alleged Bhang recovered from him does not fall under the NDPS Act. He also submits that there are several contradictions in the investigation. He has placed reliance on Daulat Ram v. State of Raj 1992 RCC 368.