BHOJA RAM GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 31.3.2011 passed by learned Special Judge, NDPS Cases, Jodhpur in Sessions Case No. 66/2006 by which the learned Judge convicted the appellant for offence under Section 8/18 NDPS Act and sentenced to undergo five years R.I. alongwith fine of Rs. 10,000/- in default of payment of fine to undergo three months R.I.

(2.) Brief facts of the case are that on 2.4.2006, the SHO Police Station Ahore, Distt. Jalore on receiving a secret information that a person will be carrying Opium milk from Thawla to Bhujtara. On receiving this information, an information in this regard was sent to higher authorities and a ambush was laid by the police team. At about 4.20 PM one person carrying plastic bag was asked to stop, but he tried to ran away. The person was apprehended and on interrogation, he disclosed his name as Bhoja Ram and from his possession, one plastic bag was recovered containing black substance which was opium milk weighing 1 kg. 540 gm. The police seized the contraband and arrested the appellant.

(3.) The police registered the FIR No. 67/2006 for offence under Section 8/18 NDPS Act and started investigation. After investigation, the police filed challan against the present appellant for offence under Section 8/18 NDPS Act. Thereafter, the charges of the case were framed against the appellant. He denied the charges and claimed trial.