NARAYAN 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. 23/6/2011 passed by learned Special Judge, N.D.P.S. Cases, Pratapgarh in Special Sessions Case No. 48/2005, by which the learned Judge convicted the appellant for offence under Sec. 8/20 N.D.P.S. Act and sentenced him to undergo three years rigorous imprisonment along with fine of Rs.10,000.00; in default of payment of fine to further undergo one month rigorous imprisonment.

(2.) Brief facts of the case are that on 9/10/2005, the S.H.O. of Arnod Police Station, Nandan Kishore Yadav, received a secret information that one Narayan planted cannabis in the garden of his house. The information was sent to the superior officers under Sec. 42(2) NDPS Act and the police team rushed to village Amalvadia where on seeing the police party one person came out from the Tapri (hut) and upon enquiry, he disclosed his name as Narayan S/o Vijiya Meena. The police made a search and found cannabis plants weighing 4.100 kgs. in his garden. The police seized the contraband and arrested the appellant. The police registered the FIR for offence under Sec. 8/20 NDPS Act and started investigation. After investigation, the police filed challan against the present appellant for offence under Sec. 8/20 NDPS Act. Thereafter, the charge of the case was framed against the appellant. He denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined 17 witnesses and various documents were also exhibited. Thereafter, statement of appellant under sec. 313 Cr.P.C was recorded. Two witnesses were examined on the defence side. No documentary evidence was produced by the accused.