MAKHAN SINGH 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. 15/2/2011 passed by learned Special Judge, NDPS Cases, Hanumangarh in Sessions Case No. 64/2006 by which the learned Judge convicted the appellant for offence under Sec. 8/21 NDPS Act and sentenced to undergo six months R.I. alongwith fine of Rs.5,000.00 in default of payment of fine to undergo one month R.I.

(2.) Brief facts of the case are that on 15/10/2006, the SHO Police Station Pilibanga with his team were on regular 'gast' and when they reached near Bagasar, they saw a man coming who was asked to stop but he tried to ran away from the post. The police party followed him and caught the accused and upon search, a packet containing smack was recovered for which the accused had no license or permit. The police seized the contraband and arrested the appellant.

(3.) The police registered the FIR No. 382/2006 for offence under Sec. 8/21 NDPS Act and started investigation. After investigation, the police filed challan against the present appellant for offence under Sec. 8/21 NDPS Act. Thereafter, the charges of the case were framed against the appellant. He denied the charges and claimed trial.