CHITARANJAN MANDAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking the appellate jurisdiction of this Court under Section 374(2) of the Code Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') , appellant herein Chitaranjan Mandal has preferred this statutory appeal against the judgment of conviction and order of sentence dated 27-1-2003 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), Bestar at Jagdalpur in Special Case No. 39/2002, whereby and whereunder the appellant has been convicted for commission of an offence punishable under Section 20(b) (ii) (B) of the NDPS Act and sentenced to undergo rigorous imprisonment for four years and six months and to pay fine of Rs. 20,000/-, in default of payment of fine amount, to undergo additional rigorous imprisonment for one year.

(2.) The prosecution case in brief as unfolded during the course of trial is as under:-

(3.) Mr. Subhash Yadav, learned counsel appearing on behalf of the appellant raised two principal contentions :-