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 31.03.2011 passed by learned Special Judge, NDPS Act Cases, Jodhpur in Sessions Case No. 53/2005 by which the learned Judge convicted the appellant for offence under Section 8/15 of NDPS Act and sentenced him to undergo two years' R.I. alongwith fine of Rs.1,000/- and in default of payment of fine to undergo one month's R.I.

2. Brief facts of the case are that in view of a secret information, the police reached at Diesel Barrel Point of Bus Stand Khara, where the appellant was present and in search the Police recovered 48 kgs poppy husk lying in 107 bags without permit or licence from a room of Barrel Point.

3. After usual formalities, the police registered a case against the accused-appellant for offence under Section 8/15 NDPS Act and started investigation. After completion of investigation, the police filed challan against the appellant for offence under Section 8/15 of NDPS Act. Thereafter, the charges of the case were framed against the appellant for offence under Section 8/15 of NDPS Act. He denied the charges and claimed trial.

4. During