BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was accused in Sessions Case (Special) No. 41 of 94 on the file of learned Special Judge, NDPS Cases and Additional Sessions Judge No.1 Kota. He was found guilty under Sec. 8/21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act), convicted thereunder and sentenced to 10 years Rigorous imprisonment and fine of Rs. 1,00,000.00 (in default to further undergo sentence of 2 years Rigorous imprisonment).

(2.) Aggrieved by the conviction and sentence the action for filing the instant appeal has been resorted to. I have reflected over the rival submissions and carefully scanned the material on record.

(3.) On the fateful day of 31.5.94, at about 3.00 p.m. the accused appellant (in short the accused) was arrested under Sec. 8/21 of the NDPS Act. The allegation was that the accused was in illegal possession of 133 gms of 'Smack', Charge-sheet was filed, the accused denied the charge and claimed trial. Prosecution examined as many as 11 witnesses. In the statement recorded under Sec. 313 Cr.RC. the accused stated that the witnesses deposed against him on account of malice. However, no witnesses was examined on behalf of the accused. Learned trial court after hearing the arguments convicted the accused as indicated hereinabove.