STATE OF RAJASTHAN Vs. RAJU @ NATH

JUDGEMENT

(1.) This State appeal under Section 377 Cr.P.C., 1973 is directed against the judgment dated 08.07.2015 passed by the Special Judge (NDPS Cases), Hanumangarh ('the trial court') in Session Case No.24/2009, whereby while convicting the respondent-accused for offence under Section 3/21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act'), the accused has been awarded sentence of 3 months' rigorous imprisonment and Rs. 500/- as fine.

(2.) The brief facts of the case are that on 04.07.2009, SHO, PS Sangariya apprehended the respondent and recovered 17 grams of smack from his possession. After undertaking procedure, the challan was filed against the accused and on 06.10.2008, he was charged with offences under Section 8/21 of the Act, which he denied and claimed trial.

(3.) The prosecution produced three witnesses and exhibited eight documents. When the statement of accused under Section 313 Cr.P.C., 1973 was recorded, he accepted having committed the offence and prayed for early disposal of the case on account of his physical condition.