BUTA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal has been preferred by the appellant Buta Singh against the judgment dt. 24.06.2013 passed by the learned Special Judge, NDPS Cases, Rajgarh in Special Sessions Case No. 1/2010 (4/2008) (6/2006) whereby he was convicted for the offence under Sec. 8/15 of the NDPS 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 directed to further undergo one year's simple imprisonment.

(2.) SUCCINCTLY stated the facts of the case are that the Head Constable Jai Singh, who was posted as the Incharge of the Check Post Gothiya, stopped and checked a truck bearing Registration No. MP07 -G7967. The driver of the truck upon enquiry could not show the challan permit etc.

(3.) THE appellant pleaded not guilty and claimed trial. The prosecution examined twenty one witnesses in support of its case. The appellant, in his statement under Sec. 313 Cr.P.C., denied the allegations of the prosecution and submitted that he was not the registered owner of the vehicle and was not driving the same at the relevant time. The learned trial Judge at the conclusion of the trial proceeded to hold the appellant guilty of the offence under Sec. 8/15 of the NDPS Act and sentenced him as above. Hence this appeal.