Prashant Kumar Agarwal, J. - (1.) The accused-appellant has filed this Criminal appeal under Section 374 Cr.P.C. against the judgment and order dated 09.06.2010 passed by the Special Judge, NDPS Cases, Jaipur in Sessions Case No.21/2007 whereby the learned trial Court convicted the appellant for offence under Section 8/20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the Act") and sentenced him to undergo rigorous imprisonment for ten years and fine of Rs.one lac and in default thereof to further undergo rigorous imprisonment for one year. It is to be noted that co-accused-Shri Sujan Singh has been acquitted by the trial Court for the offence under Section 8/25 of the Act.
(2.) The appellant was arrested, charged and convicted in this case on the premise that on 24.6.2007, when search was made, narcotic drug (Ganja) weighing 30 kg. 500 gms. was recovered from his possession without any valid licence or permit.
(3.) Brief relevant facts for the disposal of this appeal are that on 24.6.2007, a secret information was received by Shri Madan Singh, SHO Police Station Brahmpuri, Jaipur through a Mukhbir to the effect that appellant will come riding a scooter bearing registration No.RJ14-19M-7865 from Sadwa carrying with him huge quantity of narcotic drug (Ganja), which information was reduced by SHO into writing as per Section 42 of the Act and intimation thereof was also given to higher police officers through telephone. As per prosecution story during "Nakabandi", appellant was seen coming on the aforesaid scooter who was stopped and on search being made in presence of two independent witnesses aforesaid narcotic drug weiging 30 Kg. 500 gms. was found in his possession in a bag which he was carrying with him on the scooter. The recovered narcotic drug was taken into possession and sealed after taking two samples from it and same were also sealed on the spot. The appellant was arrested and after doing required formalities investigation was conducted and charge-sheet for the aforesaid offene was filed against the appellant. During the course of investigation it was further found that at the time of recovery of the narcotic drug co-accused-Shri Sujan Singh was owner and in possession of the aforesaid scooter which he gave to appellant with knowledge that the same would be used for carrying/transporting the recovered narcotic drug and, therefore, supplementary charge-sheet for offence under Section 8/25 of the Act was filed against him. The appellant and co-accused were tried together and in order to prove charges against them prosecution produced oral as well as documentary evidence whereas appellant in his statement recorded under Section 313 Cr. P.C. denied the evidence produced by the prosecution, but in defence no evidence was produced. Learned trial Court after hearing the parties and evaluating and appreciating the evidence made available on record convicted the appellant as already stated, whereas co-accused was acquitted.;