NISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant under Sec. 374(2) Cr.P.C. against the judgment dtd. 28/11/2008 passed by learned Special Judge NDPS Cases, Hanumangarh in Sessions Case No.44/2005 by which the learned Judge convicted the appellant for offence under Sec. 8/15(b) of NDPS Act and sentenced him to undergo one year and six months' R.I. alongwith a fine of Rs.15,000.00 and in default of payment of fine, to undergo four months' S.I.

(2.) Brief facts of the case are that on 15/9/2005 at about 7.30 P.M. Shri Prithvi Singh, Station House Officer of Police Station Sangaria, received a secret information about contraband being carried by the accused appellant. Upon this information, he alongwith other Police Officials reached at Haripura Village, where eight persons were intervened, out of them the accused petitioner viz. Nishan Singh was found with a bag on his shoulder who was apprehended and then a search was made, the Police recovered total 5 Kg. Poppy husk in a plastic bag and two samples of 500 Grams each were taken and rest of poppy was sealed in a bag and accused petitioner was arrested.

(3.) The police registered the FIR for offence under Sec. 8/15 NDPS Act and started investigation. After investigation, the police filed challan against the present appellant. Thereafter, the charge for offence under Sec. 8/15 of NDPS Act was framed by the trial court against the appellant, who denied the charges and claimed trial.