JAGDISH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MEHTA , J. - The instant appeal has been preferred by the appellant Jagdish Chand against the judgment dated 2.9.2008 passed by the learned Special Judge, N.D.P.S. Act Cases, Hanumangarh in Sessions Case No.40/2005 whreby he was convicted for the offence under Section 8/15(b) of the N.D.P.S. Act and was sentenced to undergo ten years' rigorous imprisonment and a fine of Rs. 1,00,000/ -. In default of payment of fine, he was further directed to undergo two years and six months' rigorous imprisonment.

(2.) SUCCINCTLY stated, the facts of the case are that the S.H.O., P.S. Sangaria - PW -14 Prithvi Singh allegedly received an information on 21.8.2005 that the appellant was indulged in illegal trade of contraband poppy straw. The informer also told that the appellant had concealed two bags of poppy straw in his shop. An apprehension was expressed that if the action was not taken immediately, he would probably alienate the contraband.

(3.) AFTER completion of investigation, the police filed a charge -sheet in the court concerned against the appellant for the offence under Section 8/15 of the N.D.P.S. Act and against the co -accused Jagshir Singh under Sections 8/15 and 8/29 of the N.D.P.S. Act. The trial framed charge against both the accused for the aforesaid offences. Both the accused pleaded not guilty and claimed trial. The prosecution examined fourteen witnesses in support of its case. The accused in their statements under Section 313 Cr.P.C. denied the prosecution allegations but chose not to lead any evidence in defence.