ASHLAM 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. 29/5/2012 passed by learned Special Judge, NDPS Cases, Hanumangarh in Sessions Case No. 58/2005 by which the learned Judge convicted the appellant for offence under Sec. 8/18C NDPS Act and sentenced to undergo four years R.I. alongwith fine of Rs.40,000.00, in default of payment of fine to undergo one year's R.I.

(2.) Brief facts of the case are that on 14/10/2005, Sh. Dharma Poonia, SHO PS Rawatsar on a secret information at 3 PM reached near Thalarka Nohar road and made nakabandi where a person was coming, who seeing to the police party tried to turn, on doubt he was apprehended and identified as accused Ashlam and he was searched and recovered 1 KG opium tied around with his waist in a cloth. Two samples of 100-100 gms were taken and rest of opium was sealed in other bag and accused was arrested.

(3.) Thereafter the police registered a case against the accused appellant being FIR No. 256/05 for offence under Ss. 8/18 of NDPS Act and started investigation. After completion of investigation, the police filed challan against the present appellant and another accused Subhash for offence under Ss. 8/18, 29 of NDPS Act. Thereafter, the charges were framed against the appellant for offence under Sec. 8/18 and against accused Subhash for offence under Ss. 8/18 and 29 of NDPS Act and other accused. They denied the charges and claimed trial.