SHIV SAGAR @ LOTAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 14.3.2005 passed by Sri Subhash Chandra Mangla then learned Special Judge (N.D.P.S. Act), Kanpur Nagar in S.T. No. 222/2003, State v. Shiv Sagar alias Lotan convicting the accused appellant under sections 20(B)(ii)(c) of N.D.P.S. Act and sentencing him to 12 years' R.I. and to a fine of Rs. 1,00,000/- ( Rupees one lac).

(2.) THIS appeal was entertained by Hon'ble Single Judge of the Court and was also listed for hearing before the Hon'ble Single Judge. On 7.7.2008 Hon'ble (Mrs.) M. Chaud­hary, J passed an order to the following effect;

(3.) LEARNED A.G.A. submitted before us that only those criminal appeals in which the orders for death sentence or life imprisonment have been passed are cogni­zable by a Division Bench and since in the present case the order of imprisonment of 12 years only has been passed, it is not cognizable by a Division Bench and this appeal is within the jurisdiction of Hon'ble Single Judge. Rule 2 of Chapter-V of the Allahabad High Court Rules (hereinafter referred to as Rules) provides jurisdiction of a Single Judge. Its relevant portions are as under :