DEEPAK SHAMSHER THAPA Vs. STATE

JUDGEMENT

(1.) This appeal assails judgment, dated 13th May, 2014, whereby the learned Special Judge (NDPS-02) convicted the appellant for the offence punishable under Section 20(C) of the Narcotics, Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act"), as well as the consequent order, dated 24th May, 2014, whereby the learned Special Judge sentenced the appellant, for the said offence, to undergo 12 years rigourous imprisonment with fine of Rs. 1 lakh, and default simple imprisonment of 6 months.

(2.) The case of the prosecution, as upheld by the learned Special Judge, is that the appellant, a Nepali national, was intercepted, on 23rd June, 2012, at about 11:45 AM, and was found to be carrying 10 kg of hashish (charas), which constituted an offence under Section 20 of the NDPS Act. The appellant was arrested and, on his pleading not guilty, was tried for the said offence and, vide the impugned judgment and order, convicted and sentenced therefor.

(3.) The prosecution examined 11 witnesses, PW-1 to PW-11.