USHNAK MOHAMMAD Vs. STATE

JUDGEMENT

(1.) An application (01/2024) has been filed by the appellant seeking exemption from his personal appearance before trial Court in the month of January, 2024. For the reasons and on the grounds as mentioned in the application, the application is allowed.

(2.) Instant criminal appeal has been filed by the appellant under Sec. 374(2) Cr.P.C. against the judgment dtd. 7/12/2020 passed by learned Special Judge, NDPS Act Cases, District Hanumangarh in Sessions Case No.25/2017 by which the learned Judge convicted the appellant for offence under Sec. 8/15 of NDPS Act and sentenced him to undergo one year's R.I. alongwith a fine of Rs.10,000.00 and in default of payment of fine, to undergo one month's R.I. Brief facts of the case are that on 2/6/2017, SHO, Police Station Sadar Hanumangarh, alongwith patrolling team went to Jandawali for patrolling. At about 8 PM, they saw a person carrying a bag with him, who tried to flee on seeing the police party. The Police team followed him and caught hold of the person. On inquiry, he disclosed his name as Ushnak Mohammad S/o Shareef Mohammad, who is the appellant in this case. Upon search, 1 kg 200 gms poppy husk was recovered from the appellant without any valid licence and permit. 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.

(3.) During the course of trial, the prosecution examined seven prosecution witnesses and various documents were also exhibited. Thereafter, statement of appellant under Sec. 313 Cr.P.C was recorded. No witness was examined on the defence side. Upon conclusion of the trial, the learned trial court vide impugned judgment dtd. 7/12/2020 convicted and sentenced the appellant for offence under Sec. 8/15 of NDPS Act as mentioned earlier.