K CHANDRABOSE Vs. STATE REP. BY INTELLIGENCE OFFICER

JUDGEMENT

(1.) The following is the graphical narration of the prosecution case:

(2.) In the prosecution side 7 witnesses were examined, 39 documents and 4 material objects were marked. After the prosecution evidence were over, both the accused were questioned under Section 313 Cr.P.C.as to the incriminating materials available against them in prosecution evidence. Both of them denied complicity to the offences. On the side of the accused no witness was examined and no defence side exhibit was marked.

(3.) After analysing the evidence on record, the learned trial Judge has found both the accused are guilty of offences under Section 8(c) r/w.29, 21(c) & 25 of NDPS Act, 1985 as amended by Act 9 of 2001 and convicted and sentenced them to undergo Rigorous imprisonment for 10 years for each offence and to pay a fine of Rupees one lakh for each offence, in default to undergo further period of 6 (six) months rigourous imprisonment for each offence and ordered the substantive sentence of imprisonment imposed upon them shall run concurrently. Aggrieved at the conviction first accused has preferred Crl.A.No.415 of 2012 and the second accused has preferred Crl.A.No.806 of 2011 before this Court. Since both the appeals have arisen out of the same judgment, the common judgment is passed.