SAHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal under Sec. 374, Cr. P. C. against the judgment of the Addl. Sessions Judge, Raisinghnagar dated 9. 06. 1992, in Sessions Case No. 58/1989, State vs. Sahi Ram, whereby he has been convicted under Sec. 8/18 of the NDPS Act and sentenced to 10 years' rigorous imprisonment and a fine of Rs. 1 lac and in default thereof to undergo further rigorous imprisonment for two years.

(2.) KAILASH Chand, S. H. O. Anupgarh, District Sriganganagar lodged a written report on 5. 08. 1988 at Police Station Anupgarh, alleging therein that he had received an information that one man having opium was sitting on the bridge. He went to the bridge, asked the name of the person and on search he found 250 grams of opium from the pocket of the pants of that person. After usual investigation by the SHO KAILASH Chand, challan was filed under Sec. 8/18 of the NDPS Act and the case was committed to the Court of Addl. Sessions Judge, Raisinghnagar. The Addl. Sessions Judge framed charge under Sec. 8/18 of the NDPS Act. The accused-appellant denied the charge and claimed the trial. The prosecution examined seven witnesses in support of its case and thereafter accused-appellant's version was recorded under Sec. 313, Cr. P. C. After hearing both the parties, the Addl. Sessions Judge, Raisinghnagar has convicted and sentenced the accused-appellant to 10 years' rigorous imprisonment and a fine of Rs. 1 lac in default to undergo further rigorous imprisonment for two years. It is further submitted on behalf of the accused-appellant that since then the accused-appellant is in jail.

(3.) THE record of the court below may be returned without any kind of delay. .