MOHAMMAD AALIYA URF AALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 18.02.2012 passed by learned Special Judge NDPS cases, Jaipur, whereby learned trial Court convicted the accused-appellant Mohammad Aaliya @ Aaliya for the offence punishable under Section 8/20 NDPS Act, 1985 and awarded Rigorous Imprisonment for a period of 5 years along with a fine of Rs. 25,000/- and default sentence of 6 months Rigorous Imprisonment was also awarded.

(2.) None came present to make submission on behalf of the accused-appellant. Heard learned Public Prosecutor. The judgment impugned as well as the material available on record was critical examined by me.

(3.) Facts in brief are that on 12.02.2011, SHO, P.S. Sadar Jaipur City, Sh. Manoj Kumar Gupta, on the basis of the information received from an informer, reached on the second class booking office of Railways near Hasanpura Bridge, at about 4.40 P.M. along with two independent witnesses i.e. Shyam Sunder and Harinarayan Sharma. Seeing the police party, the accused started to climb stairs, who was apprehended by the police party. He was holding a pink polythene bag in his right hand. On checking the same, a brown coloured substance was found in the Banana Leaves, which was suspected to be "charas".