BHIMA @ KALE Vs. STATE

JUDGEMENT

(1.) This is an appeal filed under Section 36B of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the "ËœNDPS Act "â„¢) against the judgment dated 23.03.2000 and the sentence dated 24.03.2000 passed by the learned Addl. Sessions Judge, Delhi. By virtue of the impugned judgment the appellant has been convicted under Section 20 of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of four years with a direction to pay a fine of Rs 20,000/-. In default of payment of fine the appellant is required to undergo a further rigorous imprisonment for a period of one year.

(2.) Briefly the case set up by the prosecution is as follows:

(3.) The trial court framed charges on 27.04.1998 under Section 20 of the NDPS Act against the appellant. Since the appellant pleaded that he is not guilty and demanded trial; a trial was conducted. Upon conclusion of the trial, the trial court came to the conclusion that the appellant was guilty of the offence, with which he was charged, and accordingly, as indicated above, convicted the appellant.