DHARANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals are arise out of the same judgment, hence both are taken up together for the purpose of disposal. The parties are referred according to their ranking before the trial Court.

(2.) These appeals are filed challenging the judgment dated 10.08.2011 passed by Court of the Special Judge (Prl. Sessions Judge), Belgaum, (hereinafter called as the trial Court) in Spl.Case No.40/2008, convicting the accused of the offences punishable under Section 21 r/w Section 8(c) of the N.D.P.S. Act, 1985, and sentencing each of them to undergo RI for 10 years and to pay fine of Rs.50,000/- each for the offence punishable under Section 21 r/w Section 8(c) of the N.D.P.S. Act and further sentencing accused No.1 to undergo RI for three years and to pay fine of Rs.10,000/- for the offence punishable under Section 22 of the N.D.P.S. Act, 1985, with default clauses.

(3.) It is the case of the prosecution that on 30/12/2007, at about 10.15am. near the second Railway Gate at Tilakwadi, Belgaum, within the jurisdiction of Tilakwadi Police Station, Belguam, accused No.1 was found in the possession of 10 plastic packets containing Heroin, weighing 9.690 Kgs., in all and 520 Ketamine tablets i.e. narcotic drugs, totally worth about Rs.30,99,500/- and accused No.2 was found in possession of 30 plastic packets, all containing Hashish (charas) a narcotic substance, weighing 3.035 kgs. in all worth about Rs.3,08,000/-, without any permit or licence, thereby they have contravened Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and it is also further alleged that they were illegally transporting the same form Bombay to Goa via Belgaum, for the purpose selling them at Goa and thereby both accused Nos.1 and 2 have committed offences punishable under Sections 20(b)(ii)(C), 21(c) and 22(c) of the N.D.P.S.Act, 1985.