- (1.) Challenge in this appeal is to the judgment dated August 9. 2005 of the Learned Special Judge (NDPS Cases) Bharatpur, whereby Mohd. Ameer, the appellant herein, was convicted and sentenced under Section 8/29, Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') to undergo 10 years rigorous imprisonment and fine of Rs. 1 lac, in default to further suffer 2 years wimple imprisonment.
(2.) It is the prosecution case that on July 23, 2001 while Constables Om Prakash Meena and Om Prakash Bairwa were on duty as train-guard on Train No. 2415 down Intercity Express, they intercepted two per Against order of Ram Kishan Songara, RHJS, Special Judge (NDPS cases), Bharatpur. D/- 9-8-2005. sons travelling in Coach S-3. The person sitting on the seat of TT was Mohd. Ameer (appellant) and the other sitting on bedding was Shahbuddin. They were got down at Bharatpur station. Bedding possessed by Shahbuddin was searched and opium weighing 3 kg. 50 gm. and 3 kg. 40 gm. was found in it. On searching the person of Mohd. Ameer, two tickets from Ramganjmandi to Delhi were found. FIR No. 68/2001 was registered. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge (NDPS Cases) Bharatpur. Charge under Section 8/18, NDPS Act was framed against Shahbuddin. Since Shahbuddin died during trial, proceedings against him stood dropped. The appellant Mohd. Ameer who was charged under section 8/29, NDPS Act, denied the charge and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Section 313, Cr. P.C., the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.
(3.) I have heard the submissions advanced before me and scanned the material on record.;