BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has preferred this appeal aggrieved by judgment and sentence dated 08.06.2010 passed by Special Judge, NDPS Cases, Chhabra Distt. Baran in Sessions Case No. 10/2008, whereby the appellant has been convicted for offence under Section 8/18 of the NDPS Act and sentence of 10 year R.I. has been imposed along with fine of Rs.1,00,000/- and in default of payment of fine, appellant is required to under go further one year R.I.

(2.) Factual matrix of the case are that on 18.11.2007, complainant, Ramniwas Gurjar, S.H.O. lodged a written report against the appellant stating therein that on regular patrolling, Ramniwas Gurjar was seen carrying two bags and on seeing Police Party, he tried to run away but was apprehended and 8 Kg and 100 gm of opium was recovered from him. The Police after completion of investigation submitted charge-sheet under Section 8/18 of the NDPS Act against the appellant.

(3.) On behalf of the prosecution as many as 7 witnesses were examined and 14 documents were exhibited. After examining the accused under Section 313 of Cr.P.C. and hearing the arguments, the trial Court convicted the accused-appellant for offence under Section 8/18 of the NDPS Act. Aggrieved by which the present appeal has been preferred.