SONU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed under Sec. 397 read with 401 Cr.P.C. against the judgment dtd. 2/8/2023 passed by learned Additional Sessions Judge No.3, Bhilwara in Criminal Appeal No. 242/2021 whereby, while partly allowing the appeal and upholding the conviction of petitioner under Sec. 8/21 of N.D.P.S Act, the sentence of six months rigorous imprisonment was reduced to three months rigorous imprisonment, however, the amount of fine was enhanced from Rs.2,000.00 to Rs.5,000.00 with default stipulation.

(2.) Brief facts of the case are that on 11/8/2017, S.H.O. P.S. Bheemgunj, District Bhilwara while on duty, saw a person coming from the link road who ran upon seeing the police. The police chased and apprehended the accused who disclosed his name to be Sonu @ Arjun and upon search, he was carrying one plastic pouch weighing 4.5 gms smack powder for which the accused had no license or permit. The police seized the contraband and arrested the accused.

(3.) The police registered the FIR for offence under Sec. 8/21 NDPS Act and started investigation. After investigation, the police filed challan against the present petitioner for offence under Sec. 8/21 of NDPS Act. Thereafter, the charges of the case were framed against the petitioner. He denied the charges and claimed trial.