RAMGIRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals have been preferred by the accused appellant Ramgiri against the judgment passed by Special Judge, N.D.RS. Cases, Baran, dated 18.12.2006, whereby appellant Ramgiri was convicted for the offence under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the N.D.P.S. Act, 1985') and was sentenced to ten years rigorous imprisonment and a fine of Rs. 1 lac, in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) Briefly stated, the prosecution case is that on 28.02.2005 Raja Ram, Superintendent of Police, Police Station Anta, was on 'Nakabandi' duty at Railway Level Crossing Seeswali at about 9.35 p.m. in the night along with the Police Party. The accused came there and on seeing the police, he tried to flee on being stopped in a suspicious condition. On being asked, he told his name Ramgiri and then for his search, independent witnesses were called. On being duly searched, he was found with a packet containing 1.210 Kg. 'Ganja' without any license. The same was seized on the spot after taking samples and the accused was arrested. After completion of investigation, charge sheet was filed in the Court. The accused appellant was charge sheeted of the offence under Section 8/20 of the N.D.RS. Act by the Court. He pleaded not guilty and claimed to be tried. The prosecution examined as many as nine witnesses in support of its case and then statement of accused under Section 313 Cr.P.C. was recorded. In his statement under Section 313 Cr.P.C. the accused explained that he was falsely implicated. No witness in defence was produced. After hearing final arguments, learned trial court convicted and sentenced the accused appellant in the manner indicated herein above.

(3.) I have heard learned counsel for the appellant, learned Public Prosecutor and gone through the record.