MUKAND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated 18.3.1994 the learned Special Judge NDPS Act Cases, Sri Ganganagar convicted the accused-appellant for the offence under section 8/18, NDPS Act and sentenced him to a rigorous imprisonment for ten years and a fine of Rs. one lac. Against this conviction and sentence this appeal has been preferred.

(2.) I have heard the arguments of both the sides.

(3.) According to the charge framed against the accused-appellant by the learned trial court on 30.4.1993 at 11.45 a.m. in the village Bashir Ki Gali Aam a bag containing 1 kg. of coagulated juice of opium poppy was recovered from his possession. During the trial, the prosecution examined seven witnesses, who are P.W. 1 Sahab Ram, P.W. 2 Chimna Ram, P.W. 3 Manohar Lal, P.W. 4 Richhpal Singh SHO, P.W. 5 Sunder Kumar, P.W. 6 Anirudh Kumar, P.W. 7 Mahendra Singh and the Forensic Science Laboratorys report is Ex. P. 19 and the recovery memo is Ex. P. 3. In his statement under section 313 Cr. P.C. the accused-appellant has denied the prosecution evidence and has stated himself to be innocent. He has examined no witness in the defence. After hearing both the sides, the learned trial court has convicted and sentenced him as aforesaid.