SIKANDER KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeal has been instituted under section 374 of the Code of Criminal Procedure, 1973 against the impugned judgment dated 03.09.2011 and order on sentence dated 20.09.2011 by which the appellant has been convicted for the offence under Sec. 20(b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act,1985 (hereinafter referred to as 'NDPS'). The present appellant has been sentenced to undergo rigorous imprisonment for a period of ten years with fine of Rs. One lakh, in default thereof further undergo rigorous imprisonment for a period of one year.

(2.) The case of the prosecution, as observed by the Special Judge, NDPS is as under:

(3.) The prosecution has examined 11 witnesses, in all. Statement of the appellant was recorded under section 313 of the Code of Criminal Procedure, 1973 wherein the appellant denied all allegations and asserted that on 20.12.2008 he was lifted by ASI Paramjeet on the behest of the police informer Zakir, but the colony people got him released from the police party and in the said process, one Jagdish sustained head injuries. He further stated that on 04.07.2009, he had come for the check up of his niece to St. Stephen hospital but was lifted by ASI Paramjeet Singh and falsely implicated in the case. To prove his innocence, he had examined six witnesses.