SARJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant under Sec. 374(2) Cr.P.C. against the judgment dtd. 17/1/2012 passed by learned Special Judge, NDPS Cases, Sri Ganganagar in Sessions Case No. 12/2010 by which the learned Judge convicted the appellant for offence under Sec. 8/18 NDPS Act and sentenced to undergo one year's R.I. alongwith fine of Rs.5,000.00, in default of payment of fine to undergo one month's R.I.

(2.) Brief facts of the case are that on 10/5/2011 at about 11.40 PM Constable Pramod Kumar given an information to Police Station Sadulshahar that he received a secret information that at Gadarkhera Tiraha Sarjeet Singh is standing along with illegal pistol. On the basis of the above information, SHO PS Sadulshahar along with other police personnels reached at Gadarkheda Tiraha on 11/5/2010 at about 12:05 AM where a person coming on feet was seen and that person on seeing the police jeep tried to fled, who was apprehended by the Police. The SHO PS Sadulshahar made the search of the petitioner and recovered one countrymade pistol 12 bore in the pocket of Paijama and 30 grms opium in polythene bag in the pocket of underwear. The police arrested the appellant and registered the FIR for the offence under Sec. 8/18 NDPS Act and started investigation. The police after conducting the thorough investigation filed charge-sheet for the offence under Sec. 8/18 NDPS Act before the competent court. Thereafter, the charges were framed against the appellant. He denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined 11 witnesses and various documents were also exhibited. Thereafter, statement of appellant under sec. 313 Cr.P.C was recorded.