JUDGMENT :

1. Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 09.04.2013 passed by learned Special Judge, NDPS Act Cases, Bhilwara in Sessions Case No.41/2006 by which the learned Judge convicted the appellant for offence under Section 8/21(B) of NDPS Act and sentenced him to undergo four years’ R.I. alongwith a fine of Rs.25,000/-and in default of payment of fine, to undergo one year’s R.I.

2. Brief facts of the case are that on 28.09.2006, SHO, Police Station Kotwali, Bhilwara alongwith patrolling team laid a blockade on the Dadidham—Sagasji road. At about 3:15 PM, they saw a person coming on a motorcycle, who tried to flee on seeing the police party. The Police team followed the motorcycle and caught hold of the person. On inquiry, he disclosed his name as Abdul Hakim @ Bhuriya, who is the appellant in this case. Upon search, 25 gms 240 mg smack was recovered from the appellant without any valid licence and permit.

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. Thereafter, the charge for off