SALEEM MOHAMMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure, on behalf of accused Saleem Mohammad S/o Ramjan Mohammad, is directed against the judgment and order dated 4th of April, 2006 passed by the Special Judge (Sessions Judge), NDPS Act Cases, Bharatpur, in Special Case No. 36/2001, whereby the learned trial Court convicted and sentenced the accused-appellant under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter shall be referred to as 'the Act') to ten years rigorous imprisonment and a fine of rupees one lakh; in default of payment of fine, to further undergo ten months simple imprisonment,

(2.) The charge against the appellant, was that on 4-11-2000 at 6-30 p.m., during his search at the Central Bus Stand, Bharatpur, two kilogram charas was recovered from his possession, which is punishable under Section 8/20 of the Act. The prosecution examined six witnesses and exhibited 22 documents. Thereafter statement of the accused was recorded under Section 313, Cr. P.C., wherein he stated of his false implication in the present case. No evidence was adduced on behalf of the accused.

(3.) The learned trial Court, after considering the oral and documentary evidence on the record and the submissions of both the parties, convicted and sentenced the accused-appellant, as mentioned above.