SHIV BABU Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the Appellant under Section 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 30 -05 -1997 passed by the III Addl. Sessions Judge, Nainital in Special Sessions Trial No. 103 of 1996, State v. Shiv Babu, whereby the learned Addl. Sessions Judge has convicted the Appellant/accused under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act') and sentenced him to undergo rigorous imprisonment for a period of 10 years along with fine of Rs. 1,00,000/ - and in case of default in the payment of fine, further one year's S.I. was awarded to the Appellant/accused.

(2.) HEARD learned Counsel for the parties and perused the entire material available on record.

(3.) ON 13 -09 -1996, the learned III Addl. Sessions Judge, Nainital framed the charge for the offence punishable under Section 20 of the Act against the Appellant/accused. The charge was read over and explained to the Appellant/accused, who pleaded not guilty and claimed to be tried.