DHARA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This present criminal appeal is directed against the judgment dated 8.4.2003 passed by Special Judge (N.D.P.S. Act) Chhabra, District Baran whereby the accused-appellant was convicted for the offence under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short hereinafter referred to as 'the Act of 1985') and sentenced him to undergo 10 years rigorous imprisonment with a fine of Rs. 1,00,000/-; in default of payment of fine, to further undergo one year rigorous imprisonment.

(2.) Briefly stated, facts of the case are that on 30.10.2001, the SHO of Police Station, Chhipabarod along with the police party was on patrolling and when he was returning back in the night at around 8.15 P.M., found a person before 'Lahasi' river possessing a bag. On seeing the police, that person tried to hide himself, however, he was apprehended by the police and on asking he disclosed his identity as Dhara Singh and could not give any satisfactory reply. After complying with the provisions of the Act of 1985, the search was made and on search of the bag possessed by Dhara Singh, smack was recovered. The accused was taken into custody and the case was registered under Sections 8/21 and 8/29 of the Act of 1985.

(3.) After concluding the investigation, the police submitted charge sheet against the accused-appellant for the offences under Sections 8/21 and 8/29 of the Act of 1985. The trial Court on committal, framed charges under Sections 8/21 and 8/29 of the Act of 1985. The Special Judge after hearing final submissions of the respective parties, convicted and sentenced the accused as indicated herein above.