- (1.) This appeal has been filed against the judgment dated 12th May, 2010, passed by Special Judge (NDPS Cases), Jhalawar in Sessions Case No. 81/2007, whereby the accused appellant has been convicted for the offence under Section 8/21(B) of NDPS Act and sentenced to undergo 8 years' RI with fine of Rs. 80,000/-; and in default of payment of fine; to further undergo 1 1/2 years additional R.I.
(2.) Brief facts of the case are as under: "Vridhi Chand Gurjar, SHO, Police Station, Bhawani Mandi lodged a written report on 26.4.2007. On receipt of the above report, First Information Report No. 97/2007 was lodged for the offence under Section 8/21, 29 of NDPS Act and investigation commenced. During the course of investigation, accused appellant and one co-accused Bachhu were arrested. After completion of investigation, the police filed a challan against accused appellant Bharat Singh for the offence under Section 8/21 of NDPS Act and against Bachhu for the offence under Section 8/21, 29 of NDPS Act. Thereafter charge were framed. Accused appellant denied for the same and claimed for trial. Thereafter the prosecution produced as many as 11 witnesses and exhibited some documents. The statement of accused persons were recorded under Section 313 CrPC and they produced one witness in their defence and produced document Ex.-D/1. After hearing both the sides, the learned trial court though acquitted co-accused Bachhu, but convicted the accused appellant for the offence under Section 8/21 (B) of NDPS Act and sentenced him, as indicated above, vide judgment dated 12.5.2010."
(3.) Against the said judgment of conviction and sentence dated 12.5.2010 passed by the trial court, this appeal has been preferred by the accused appellant.;