PALA RAM 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. 9/9/2011 passed by learned Special Judge, NDPS Cases, Hanumangarh in Sessions Case No. 40/2007 by which the learned Judge convicted the appellant for offence under Sec. 8/15-B NDPS Act and sentenced to undergo two years five months and four days R.I. alongwith fine of Rs.5,000.00 in default of payment of fine to undergo three months R.I.

(2.) Brief facts of the case are that on 28/7/2007, the SHO Police Station Nohar on receiving a secret information that four persons are coming from Churu side with poppy husk. On such information, he alongwith team reach at Bus stand Nohar where two persons tried to run after seeing the police team. The police apprehended accused Pala Ram and Gursewak Singh. Upon search of accused appellant and other accused, total 11 kg packets of 1 Kg each poppy husk was recovered. The police seized the contraband and arrested the appellant.

(3.) The police registered the FIR No. 582/2005 for offence under Sec. 8/15 NDPS Act and started investigation. After investigation, the police filed challan against the present appellant for offence under Sec. 8/15B NDPS Act. Thereafter, the charges of the case were framed against the appellant. He denied the charges and claimed trial.