JUDGMENT :

BY THE COURT:-

1. The instant Criminal Misc. application has been moved on behalf of the applicant in the matter of judgment dated 08.02.2021 passed by the learned Special Judge, NDPS Act, No.1 Naguar in Special Sessions Case No.76/2017 whereby he was convicted and sentenced to suffer maximum imprisonment of 14 years rigorous imprisonment under Section 8/15 of NDPS Act and 10 years rigorous imprisonment under Section 8/18 of NDPS Act.

2. Briefly stated, the facts of the instant case are that a truck bearing registration No. RJ19 GC 2188 was intercepted by the police at the time of ‘nakabandi’ on 29.01.2017 at about 06:15 P.M. During search, a total of 38 plastic bags of poppy husk and 1 plastic polythene of opium were found in the truck. The total weight of the poppy husk was 1480 Kilograms and total weight of opium was 2.400 kilograms; both the contraband weighed above the commercial quantity demarcated under the NDPS Act, thus, the accused persons were charged for offences under Section 8/15 and Section 8/18 of NDPS Act. They pleaded not guilty and claimed trial.

3. During trial, the prosecution examined twenty two witnesses. After evidence, the accused-appellants were exa