JAGDISH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred by the appel­lant u/s 374(2) of The Code of Crimi­nal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 23-7-2004 passed by Special Judge, Pithoragarh in Special Sessions Trial No. 2/2003, State Vs. Jagdish Singh, whereby the learned Special Judge convicted the accused/appellant- Jagdish Singh u/s 20 of Nar­cotics Drugs and Psychotropic Sub­stances Act, 1985 (hereinafter to be re­ferred as the Act) and sentenced him to ten years' rigorous imprisonment and a fine of Rs. 1.00 Lac. In default of pay­ment of fine, two years was further awarded.

(2.) I have heard Sri Lokendra Dobhal, learned counsel for the appel­lant and Sri M.A. Khan, learned brief holder for the State and perused the entire material available on record.

(3.) ON 11-6-2003, learned Special Judge, Pithoragarh framed the charge of offence punishable u/s 20 of the Act against the accused/appellant. The charge was read over and explained to the accused/appellant who pleaded not guilty, and claimed to be tried.