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2014 Supreme(Raj) 1324

MAHESH CHANDRA SHARMA
Shri Aizaz – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:Anshuman Saxena, Advocate.
For the State: R.R. Baisla, Public Prosecutor.

JUDGMENT

1. - This Appeal has been filed against the Order dated 26.3.2011 passed by learned Single Judge, NDPS Cases, Ajmer in Sessions Case No. 14/2009.

2. Brief facts of the case are that on 21.3.2009, PW-2 Pramod Swami, S.H.O., received a secret information from Vijay Singh as also Biram Dev, whereby it was informed that a boy was standing at GCA Crossing who had a black bag of raggine in which he was having contraband of 'charas'. On the basis of said information, police reached at the place of incident. Taking above action, police has intimated to accused person under Section 50 of the Act and started search lorn the accused appellant. The police recovered the contraband of 'charas' which was found in a plastic bag. Thereafter case was registered under Section 8/20 of the NDPS Act. After investigation, police submitted a charge-sheet before the Trial Court, and later on trial was commenced, and Trial Court convicted and sentenced the appellant vide impugned Order dated 26.3.2011.

3. Against the said impugned Order dated 26.3.2011, this appeal has been preferred.

4. Learned Counsel for the appellant has contended that the finding arrived at by the Trial Court are perverse, agains












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