DAYA SHANKAR GUPTA AND ORS. Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the impugned judgment and order on sentence dated 31.10.2011 wherein appellants Daya Shankar Gupta and Sanjay Shah stood convicted under Section 20(b)(ii)(C) of the Narcotics Drugs and Psychotropic Substance Act (in short NDPS Act). Each of them had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine, to undergo SI for a period of 6 months. Benefit of Section 428 of the Cr.PC had been granted to the convicts.

(2.) NOMINAL rolls of the appellants reflect that as on date, each of them has undergone incarceration of 6 years and 4 months; remission being inapplicable to a convict under the NDPS Act.

(3.) IN the statement of the accused recorded under Section 313 of the Cr.PC, they pleaded innocence; submission being that they had been lifted from the bus stop and this case has been falsely planted upon them. No evidence was led in defence.