MOHD. JUBAAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeal has been filed by the appellant challenging the judgment dtd. 27/6/2012 passed by the learned Special Judge, N.D.P.S Cases, Hanumangarh, in Criminal Sessions Case No. 22/2009, by which the learned trial court convicted and sentenced the appellant for offence under Sec. 8/21 N.D.P.S. Act to undergo one year rigorous imprisonment and to pay a fine of Rs.10,000.00; in default of payment of fine, to further undergo three months additional rigorous imprisonment.

(2.) Briefly stated facts of the case are that on 31/5/2009 at 4:30 PM, the S.H.O. of Police Station Sadar, Hanumangarh received a secret information that Mohammed Jubaan @ Mohd. Nawaz @ Jaanu S/o Sardar Khan is involving in the business of selling smack, who would be carrying smack in his Tempo No. RJ-31 P 0563 and going towards Jandawali to Hanumangarh Junction. The police party put a blockade to prevent the accused and at 6:20 PM, the police saw a tempo coming from the side of Jandawali. Upon seeing the police party, the driver of the tempo tried to escape. The police caught hold him and upon enquiry, he disclosed his name as Mohammed Jubaan. He was served a notice under Sec. 50 NDPS Act and upon search, 6 gms. smack was found from his pocket. The police registered a case and started investigation. After investigation, the police filed challan against the appellant for offence under Sec. 8/21, 60 NDPS Act. Thereafter, charges of the case were framed against the accusedappellant, who denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined 11 witnesses and various documents were also exhibited. Thereafter, statement of appellant under sec. 313 Cr.P.C was recorded. No witness was examined on the defence side.