HEERA LAL 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. 1/2/2011 passed by learned Special Judge, NDPS Act Cases, Jodhpur in Sessions Case No. 30/2006 by which the learned Judge convicted the appellant for offence under Sec. 8/18 of NDPS Act and sentenced him to undergo four years' R.I. alongwith fine of Rs.10,000.00 and in default of payment of fine to undergo one month's R.I.

(2.) Brief facts of the case are that pm 8/3/2006 at about 3:00 PM, the concerned SHO of Sanderao PS, District Pali received a secret information about selling of opium milk by the appellant at Takhatgarh, after usual formalities, nakabandi was made and at about 4:15 PM, a person came nearby the canal, who on seeing the Police party tried to make the good escape, but caught hold by the police and on asking, he disclosed his name as Heera Lal (the appellant) and in search the Police recovered 1.5 kgs opium milk lying in a bag without permit or licence.

(3.) After usual formalities, the police registered FIR No. 6/2006 against the accused-appellant for offence under Ss. 8/17 and 18 NDPS Act and started investigation. After completion of investigation, the police filed challan against the appellant for offence under Sec. 8/18 of NDPS Act. Thereafter, the charges of the case were framed against the appellant for offence under Sec. 8/18 of NDPS Act. He denied the charges and claimed trial.