MADAN LAL JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant u/Sec. 374(2) Cr.P.C. against the judgment dtd. 23/9/2011 passed by learned Special Judge, NDPS Cases, Hanumangarh in Sessions Case No. 44/2007 by which the learned Judge convicted the appellant for offence under Sec. 8/18 NDPS Act and sentenced to undergo three years R.I. alongwith fine of Rs.30,000.00 in default of payment of fine to undergo nine months R.I.

(2.) Brief facts of the case are that on 27/8/2007, SHO Police Station Nohar, lodged a FIR stating that he alongwith patrolling party laid an ambush on road towards Nahar colony passing through Fefana Road. When a white jeep was stopped, the driver tried to run away who was caught by the patrolling party. A search was made of jeep and total 800 gm of opium milk was recovered. The police seized the contraband and arrested the appellant.

(3.) The police registered the FIR for offence under Sec. 8/18 NDPS Act and started investigation. After investigation, the police filed challan against the present appellant for offence under Sec. 8/18 NDPS Act. Thereafter, the charges of the case were framed against the appellant. He denied the charges and claimed trial.