VEERAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal is directed against the judgment Dt. 31.3.2004 passed by Special Judge, NDPS Cases, Pratapgarh in Special Sessions Case No. 71/2000 whereby the trial Court convicted the accused appellant for offence under Sec. 8/18 of NDPS Act and passed sentence of 10 years RI along with fine of Rs. 1,00,000/- and in default of payment of fine to further undergo two years RI. As per brief facts of the case, on 09.10.2000 at 6.00 p.m. the accused appellant was arrested under Secs. 457 and 425 I.P.C. by the SHO, Police Station Dhamottar District Pratapgarh and in custody, an information was given by him under Sec. 27 of the Evidence Act that before six months along with other friends, opium was stolen by them and his share of opium was put by him under the tree of mango near Pipliya Kua, situated in agricultural field of his father in law Banshi Lal. Upon said information given by the accused appellant, 4 kilogram opium was recovered as per information given by the accused appellant and upon said recovery of opium after following the procedure laid down under Sec. 42 (2) of the NDPS Act sent the information to the Dy. Superintendent of Police, Pratapgarh and registered the FIR No. 178/2000 at Police Station Rathanjana, District Pratapgarh.

(2.) After investigation, the SHO, Police Station, Rathanjana filed charge-sheet against accused appellant under Sec. 8/18 of NDPS Act.

(3.) The trial Judge after framing charge under Sec. 8/18 of NDPS Act commenced the trial and after recording evidence convicted the accused appellant for offence under Sec. 8/18 NDPS Act and passed the sentence as aforesaid.