NONJIRAM Vs. RAJASTHAN SARKAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dtd. 18/12/1989 passed by the learned Sessions Judge, Jhalawar, District Jhalawar (Rajasthan) (for brevity, Rs.learned Trial Court') in Sessions Case No. 32/88; State Vs. Nonjiram whereby, while convicting the accused-appellant (for brevity, Rs.the appellant'), he has been sentenced as under:- Sec. 8/18 Narcotics Drugs and Psychotropic Substances Act, 1985 (for brevity, Rs.Act of 1985')-10 years rigorous imprisonment and Rs. 1 lakh fine; in default whereof, one year rigorous imprisonment.

(2.) The relevant facts in brief are that on receipt of an information from a Rs.mukhbir' (informant) on 10/7/1987, the then Station House Officer, Police Station Aklera alongwith other Police personnel intercepted the appellant whereupon, on search of a bag in his possession, a total 1600 grams of contraband (opium) was found in three plastic bags each weighing 600 grams, 500 grams and 500 grams respectively. 50 gram sample from each of the plastic bag was drawn and was sealed separately in a jar. An FIR No. 109/1987 (Ex-E8) was registered against the appellant under Sec. 8/18 of the Act of 1985. After investigation, the charge-sheet was filed against him. A charge under the aforesaid Sec. was framed by the learned Trial Court vide order dtd. 6/5/1988. The appellant pleaded not guilty and demanded trial.

(3.) After recording prosecution evidence and examining the appellant under Sec. 313 Cr.P.C., the learned Trial Court convicted and sentenced him vide judgment dtd. 19/12/1989 as stated hereinabove.