Honble N.K. JAIN, J.—This appeal u/s. 374 Cr.P.C. is directed against the judgment dt. 9.6.92 passed by the learned Addl. Sessions Judge, Nagaur Camp Dcedwana whereby he has convicted the accused-appellant u/s. 8/20 of the N.D.P.S. Act and sentenced him to 10 years R.l. with a fine of rupees one lakh and in default of payment of fine to further undergo 2 years R.I.

2. Briefly stated the facts of the case are that a first information report was registered on 50.9.91 by Petrolling Officer of Custom Department against the accused appellant alleging that on 29.9.91 when he was petrolling with his team in the cattle fair, Deedwana the appellant afraid of them and on search in a plastic bag 2 tolas of Bhang was recovered from him and thereafter from village Nimod about 750 gms. of dry leaves of Bhang were recovered. A sample of 30 grams of Bhang was sent for chemical examination and on examination it was found to be Bhang. A challan was filed against the accused appellant u/s. 8/20 of the NDPS Act, 1985 in the court of Munsif and Judicial Magistrate, 1st Class, Deedwana who committed the case to the court of Addl. Sessions Judge, Nagaur. Charge was framed against the appellant u/s 8/20 of

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