THANVIR Vs. STATE

JUDGEMENT

(1.) THANVIR has filed this appeal] from jail against the judgment and order dated 8.5.1990 of Sri D. C. Srivastava Sessions Judge, Basti passed in S. T. No. 195 of 1988. The learned Sessions Judge has convicted the appellant under Section 20 (b) (ii) of N. D. P. S. Act and sentenced him to undergo ten years R. I. and fine of Rs. one Lac. In default of payment of fine the appellant has been directed to undergo three years further R. I.

(2.) I have heard the appellant in person and learned Additional Government Advocate and have perused the record.

(3.) IN view of what has been discussed, I find that the prosecution has miserably failed to prove its case against the appellant. I am in deep anguish to find that the appellant is in Jail since 1988. It appears that the appellant being poor man was defended by an amicus curie who could not point out the relevant points to the learned trial Court.