JUDGMENT

Manoj Kumar Garg, J. - Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 28.02.2011 passed by learned Special Judge, NDPS Act Cases, Hanumangarh in Sessions Case No. 57/2006 by which the learned Judge convicted the appellant for offence under Section 8/21 NDPS Act and sentenced to undergo two years' R.I. alongwith fine of Rs.15,000/- in default of payment of fine to undergo three months' R.I.

2. Brief facts of the case are that on 27.06.2006, SHO Police Station Hanumangarh Town alongwith patrolling party went for regular 'gast'. They reached at Rawatsar road at about 4:45 PM, where accused appellant, who was standing, tried to run away and when he was apprehended and search was made then 7 gms smack was recovered from him without permit or licence.

3. The police registered the FIR for offence under Section 8/21 NDPS Act and started investigation. After investigation, the police filed challan against the present appellant for offence under Section 8/21 NDPS Act. Thereafter, the charges of the case were framed against the appellant. He denied the charges and claimed trial.

4. During the course of trial, the prosecutio