GHANSYAM & ANR. Vs. UNION OF INDIA

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment dated. 17.01.2003 passed by the Special Judge, NDPS Cases, Jhalawar, whereby the accused-appellants have been convicted under Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act,1985(for short 'the Act of') and sentenced to undergo rigorous imprisonment for years with a fine of Rs. 1,00,000.00 each, in default of payment of fine to further undergo simple imprisonment for three years.

(2.) Briefly stated the facts of the case are that complainant Shri Niranjan Guru, C.I., Narcotics Department received a Mukhabir information on 12.01.2001 to the effect that the above accused appellants are seating at Gilani Tiraha at Panchayat Bhawa. The complainant asked the name of the appellants and as per the Department's case complainant recovered contraband articles from the possession of the accused-appellants and lodged a written report on 12.01.2001.

(3.) On the basis of the above information, CNB registered a case and investigation commenced. After completion of the investigation, charge-sheet was filed and the case was committed for trial. The trial Court framed charge under Sec. 8/18 of the NDPS Act against the accused-appellants, who denied the charges and claimed trial. The prosecution examined as many as 6 witnesses and got exhibited some documents. The statements of the accused appellants were recorded under Sec. 313 Cr.P.C. The Special Judge, NDPS Cases, Jhalawar after hearing rival submissions of the respective parties, vide impugned judgment dated 17.01.2003 convicted and sentenced the accused-appellants as mentioned herein above.