AILA @ AIDAN Vs. STATE OF RAJ.

JUDGEMENT

(1.) Heard. With the consent of both the learned counsel, the main appeal is being finally disposed of at this stage.

(2.) The appellant was prosecuted u/s 8/18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, "the Act"); and learned Sessions Judge, Jhalawar, vide his judgment & order dated 24th June, '89, found him guilty of the offence and sentenced him to 10 years' rigorous imprisonment and a fine of Rs. 1,00,000.00, and in default of payment of fine, to further undergo 2 years' rigorous imprisonment.

(3.) On 12th Oct., '87, at about 10 A.M., near Palya Khedi, Arjunsingh, ASI of PS - Bhawani Pandi, took a search of the accused-appellant, who was found to be in possession of 625 gms. of opium, which was being carried by him in a white plastic bag which was kept in a blue-colour rexine. A case was registered against him and a sample of 30 gms. of opium was taken from the seized article. The said sample was then sealed and later on sent for chemical-examination. In the report, it was found to be illicit opium. After completing usual investigation, the appellant was prosecuted. The learned Sessions Judge found him guilty of the charge levelled against him and sentenced him as mentioned above.