STATE OF RAJASTHAN Vs. RAM GOPAL

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant-State under Sec. 377 Cr.P.C. against the judgment dtd. 25/3/2015 passed by learned Special Judge, NDPS Act, Hanumangarh, in Sessions Case No. 03/2011, whereby the learned Court convicted the accused-respondent for offence under Sec. 8/20 of NDPS Act, but awarded inadequate/lesser sentence of 45 days RI along with fine of Rs.8,000.00 and in default of payment of fine, to further undergo one month RI.

(2.) Brief facts of the case are that on 2/12/2010 at about 1.30 PM, during patrolling, Shri Sanjay Bothra, SHO, PS Hanumangarh Junction apprehended a person carrying a white gunny bag. On inquiry, the said person disclosed his name as Ramgopal (present accused-respondent). Upon search, 8 kg. 300 grms marijuana was recovered from the accused-respondent without any valid licence and permit. After following due process of law, the Police arrested the accused- respondent and registered a case against him under NDPS Act and started investigation.

(3.) On completion of investigation, the police filed challan against the accused-respondent. Thereafter, the charge for offence under Sec. 8/18 of NDPS Act was framed by the Trial Court against the accused-respondent, who denied the charge and claimed trial.