KRISHNALAL KHATHRI Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by the accused in Sessions Case No.126 of 1988 on the file of the VIII Additional Sessions Judge of the Court of Session Madras, challenging his conviction under Secs.8 and 21 read with Sec.29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentence of imprisonment for a period of ten years and a fine of Rs.1,00,000, in default to undergo imprisonment for a further period of three years.

(2.) THE gravamen of the charge against the appellant was? that on 7.7.1987 at about 3 p.m., he along with the co-accused S.Anton, who has since absconded, was in possession of 630 gms. of heroin powder valued at Rs.45,000 in Room No.23 in the II Floor of Hotel Select, 170,Linghi Chetty Street,Madras-1.

(3.) THE short question that arises for consideration is whether the facts put forward by the learned counsel for the appellant would justify setting aside the conviction and sentence to order a retrial on the ground of the appellant having been denied a fair trial.