VIJAY PAL Vs. STATE OF DELHI

JUDGEMENT

(1.) BY this appeal the appellant assails the judgment passed by the learned Special Judge, NDPS, New Delhi in Sessions Case No. 70a/2004 wherein the petitioner was sent for trial after registration of FIR No. 80/2003 at P. S. Narcotics Branch for having committed a crime under Section 18 (c)of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the said Act') because he was found with six kilogram of opium. After the challan was filed charge was framed against the appellant under section 18 (c) of the said Act which is also reflected from the order framing charge in the trial Court record.

(2.) AFTER the evidence was recorded, the learned trial Court convicted the appellant under Section 18 (b) of the said Act as is apparent from the reading of para 29 of the Judgment which reads as under:

(3.) AS per the order passed on sentence dated 13. 07. 2007, the appellant has been sentenced to undergo RI for a period of 10 years and was imposed a fine of Rupees One lac under Section 18 (b) of the said Act and in default to undergo S. I. for six months. According to the appellant his conviction by the trial Court for an offence under Section 18 (b) of the said Act instead of section 18 (c) is contrary to the provisions contained under Section 222 of cr. P. C. which provides as under: