DINESH KUMAR BANKAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellant Dinesh Kumar Bankat has preferred this criminal appeal against the judgment of conviction and order of sentence dated 10th Oct., 2000 passed by the Special Judge NDPS Act Cases, Bundi, whereby the learned Special Judge found the accused appellant guilty of having committed offence under Sec. 8/21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as "the Act") and accordingly, convicted him for the said offence and sentenced him to undergo rigorous imprisonment for 10 years with a fine of Rs. one lac, in default thereof, to undergo rigorous imprisonment for two years.

(2.) Brief facts, relevant for the purpose of disposal of this appeal are summarised as follows:

(3.) On 26.7 1996, PW1 Jagmal Verma, Station House Officer, Police Station Kotwali, Bundi submitted a report Ex.P. 7 to the effect that on 26.7.96 at about 7.30 PM the informer informed him that appellant Dinesh Bankat was selling packets containing smack at the rate of Rs. 50.00 per packet in Chaumukha market. After recording the information in the Rojnamcha, the SHO along with police party left for Chaumukha market. Having informed the appellant of his legal right, the SHO conducted search and recovered two paper packets from the back pocket of the trouser and also Rs. 150 from the pocket of shirt of the appellant. The recovered packets were found to be to contained with smack weighing 225 mlgms. He then prepared the search and seizure memo, and sealed smack. He arrested the appellant and recorded the statements of witness.