DULAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Promod Kumar holding brief of Sri Ravindra Prasad, learned counsel for appellant and Sri Ashutosh Kumar Tripathi, learned A.G.A. appearing for State.

(2.) The present appeal has been filed against the judgment and order dated 24.10.2005 passed by the Additional Session Judge/Fast Track Court No.1, Kushi Nagar Sthan Padrauna, in Session Trial No.20 of 2003 State Vs. Dular, by which the trial court convicted and sentenced the appellant under section 8/20 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as N.D.P.S. Act) for ten years Rigorous Imprisonment and fine of rupees one lakh in default of payment of fine to further undergo one year simple imprisonment.

(3.) The brief facts of the case are that the appellant was arrested by the police on 15.3.2003 at 15.15 hrs. at Railway crossing and was found to be in possession of three kilograms charas which was kept in a jacket under his clothes which he was wearing. Three packets of contraband article which was found from the possession of the appellant was weighed by the raiding party and each packet contained one kilogram Charas, hence the first information report was lodged against the appellant for the offence under Sections 8/20/23 of N.D.P.S. Act which was registered as Case Crime No.79 of 2003 Police Station Vishnupura District Kushi Nagar on 15.03.2003 at 7:15 p.m. After investigation the charge sheet was submitted against the appellant and, thereafter, charges were framed against him by the trial court on 9.7.2004 for the offence under section 8/22 of the N.D.P.S. Act. The trial court convicted the appellant for the offence in question and awarded a sentence of 10 years rigorous imprisonment and a fine of rupees one lakh and in default of fine to further undergo one year simple imprisonment vide judgment and order dated 24.10.2005. Hence the present appeal before this Court.