- (1.) The accused-appellants have filed this Criminal Appeal under Section 374 Cr.P.C. against the judgement and order dated 12.12.2008 passed by the Special Judge, NDPS Cases, Jhalawar in Sessions Case No.25/2006 whereby the accused-appellants have been convicted for offence under Section 8/21 of the Narcotic Drug & Psychotropic Substances Act (hereinafter to be referred as "NDPS Act") and each of them has been sentenced for rigorous imprisonment for ten years and a fine of Rs. one lac and in default thereof to further undergo rigorous imprisonment for one year.
(2.) Brief relevant facts for the disposal of this appeal are that the appellants were arrested, charge-sheeted, charged and after trial convicted and sentenced for the aforesaid offence on the premise that narcotic drug (smack) was recovered from each of them on 15.12.2005 when search was made by SHO Shri Anil Pandey Police Station Manoharthana, District Jhalawar. It is the prosecution case that during the course of 'Nakabandi' appellants were found coming on a motorcycle and after seeing the police party they tried to ran away and suspicion having around, police party chased them by jeep and they were stopped and on search being made aforesaid narcotic drug (smack) was found in their possession without any valid licence or permit. In support of the charge prosecution produced oral as well as documentary evidence whereas appellants in their statements recorded under Section 313 Cr.P.C. denied the evidence produced on behalf of the prosecution but in defence no evidence was produced. Learned trial Court after hearing both the parties and appreciating and evaluating the evidence made available on record convicted and sentenced the appellants as already stated.
(3.) I have considered the submissions made on behalf of the respective parties and the evidence available on record as well as the relevant legal provisions and the case law relied on behalf of the appellants.;