LAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused who was found guilty under S. 8/17 of the NDPS Act by the learned Sessions Judge, Ganganagar vide judgment dated 21-5-1987. The appellant has been awarded rigorous imprisonment for 10 years and a fine of Rs.1 lac and for non-payment of fine simple imprisonment for one year.

(2.) According to the prosecution story on 3-12-1985, the SHO Police Station Sadar, Ganganagar PW-2 Sukhdev Singh was on beat with Constables Ramesh Kumar (PW-3), Jeevan Singh (PW-4). At about 5 p.m. they noticed the accused near Janata Cold Store and searched him. He was found carrying 50 gms. of opium. A case under Section 9 of the Opium Act was registered which resulted into the challan of the accused under S. 8/17 of the NDPS Act. The accused pleaded not guilty to the charge. PW-1 Jeewan Ram, PW-2 Sukhdev Singh, PW-3 Ramesh Kumar, PW-4 Jeevan Singh and PW-5 Satpal, all police personnel were examined in support of the prosecution story. No defence evidence was led. The case resulted in conviction as indicated above.

(3.) I have heard the learned counsel for the appellant as well as learned Public Prosecutor for the State.