RAGHUNANDAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Code'), accused-appellant has challenged the judgment and order dated 15.12.2004 passed by the Special Judge, NDPS Court, Sirohi (for short, "the Trial Court" hereinafter), by which the Trial Court convicted the appellant for the offence punishable under Sec. 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") and sentenced him to rigorous imprisonment for three years and a fine of Rs. 10,000.00 and in default of payment of fine further to undergo two months' rigorous imprisonment.

(2.) Briefly recapitulated, the facts of the case are that on 20.2.2003, at about 2.20 PM, PW 1 Dewaram Constable alongwith PW 4 Man Singh, Constable, was on patrolling duty at Railway Station, Abu Road. On checking, they found the appellant and co-accused Muniraj alias Balak Das carrying Ganja in a bag and container (Peepa) respectively. The matter was immediately reported to the higher authority and PW 16 Sahi Ram Sub-Inspector was directed to reach Abu Road for investigating the matter. On a search being made, 1.100 kg. of Ganja was recovered from the possession of appellant. After completion of investigation, the police filed challan against the appellant for the offence punishable under Sec. 8/20 of the Act. The Trial Court, after hearing the parties and appreciating the evidence on record, convicted and sentenced the accused-appellant for the aforesaid offence.

(3.) I have heard learned counsel for the appellant and the Public Prosecutor for the State. Perused the impugned judgment and order as also the record of the case.