KRISHAN KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) THIS is appeal preferred u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) is directed against the judgment and or­der dated 27.02.1991 passed by the Ses­sions Judge, Pithoragarh in Sessions Trial no. 33 of 1990 State vs. Krishan Kumar Sharma, whereby the learned Sessions Judge convicted the accused/appellant under Section 20 of The Nar­cotic Drugs and Psychotropic Sub­stances Act, 1985 (hereinafter re­ferred to 'In brief as the Act) and awarded sentence to undergo rigorous imprisonment for a period of 10 years and with a fine of Rs. One Lac. It was also directed that in default of payment of fine he shall further undergo rigorous imprisonment for 2 years'.

(2.) HEARD Sri Sandeep Tandon, learned counsel for the accused/appel­lant and Sri M.A. Khan, teamed Brief Holder for the State and perused the en­tire material available on the record.

(3.) SAMPLE of the CHARAS for the chemical examination was not taken on the spot, but later on the sample of the CHARAS was sent to the chemical ex­amination to the Forensic Lab, Agra vide letter dated 04.061990. The Assist­ant Director, Forensic Lab, Agra has submitted the report dated 24.07.1990 that report is Ext. Ka- 7.