SUBRAMANYAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Present appeal is filed under Sec. 374 of Cr.P.C. challenging the judgment of conviction and sentence passed by the learned Special Judge dealing with the cases arising out of Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') in Spl. C.C. No. 134/2013. Petitioner who was accused No. 1 is convicted for the offence punishable under Sec. 5(C) of NDPS Act r/w. Sec. 34 of IPC and is sentenced to undergo R.I. for 10 years and to pay fine of Rs. 1 lakh, in default, to undergo six months of S.I. for the offence punishable under Sec. 5(C) of NDPS Act. The judgment of conviction and sentence dated 27.11.2015 is called in question in this appeal.

(2.) The facts leading to the filing of the present appeal are as follows:

(3.) Learned counsel for the appellant has argued that the trial Court has not properly analyzed the oral and documentary evidence in right perspective and that wrong approach has been adopted to the real state of affairs. It is argued that the trial Court has ignored the fact that the conductor has not at all identified the accused as the person who was transporting the said incriminating materials. He has argued that the mandatory provisions of Ss. 42, 52 -A and 67 of the Act have not been complied with and therefore the judgment of conviction and sentence passed is opposed to law, facts and probabilities.