LALLU SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal, preferred by the Appellant under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Code of Criminal Procedure') is directed against the judgment and order dated 6.4.1994 passed by Special Judge (Sessions Judge), Pauri Garhwal in Sessions Trial No. 25 of 1993, State v. Lallu Singh whereby the learned Special 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 three and half years along with fine of Rs. 10,000/ - and in case of default in the payment of fine, further six months' R.I. was awarded to the Appellant/accused.

(2.) HEARD Sri Asif Ali, learned Amicus Curiae for the Appellant as well as Sri M.A. Khan, learned Brief Holder for the State and perused the entire material available on record.

(3.) SUPERINTENDENT of Police, Pauri Garhwal, being the appointing authority of the Appellant/accused, granted the permission to prosecute the Appellant/accused vide his order dated 31.5.1993, Ex. Ka -2. During the course of investigation, the I.O. inspected the site and prepared the site plan Ex. Ka -6.90 gram bhang were sent for chemical examination to Forensic Lab, Agra. Report of the Forensic Lab, Agra is Ex. Ka -7. The I.O. also recorded the statement of the witnesses during the course of investigation and after completing the investigation, a chargesheet Ex. Ka -3 under Section 20/22 of the Act was filed against the Appellant/accused.