SITA GATI MAGAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Hamendra Pratap Singh, learned Amicus Curiae for the appellants, learned A.G.A. for the State of U.P. and perused the record.

(2.) Both the above Jail appeals have been filed under Section 383 Criminal Procedure Code, 1973 (in short 'Cr.P.C.') against the judgment and orders 26.08.2014 and 27.08.2018, passed by Sri Jitendra Kumar Sinha, Additional Session Judge, Court No. 5, Maharajganj in Special Case No. 01/2012 (State vs. Smt. Seeta Gati Magar) and Special Case No. 02/2012 (Smt. Samjhana Jaisi vs. State of U.P.) arising out of Case Crime No. 930 of 2011 and Case Crime No. 931 of 2011 respectively, under Section 8/23 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") Police Station Sonauli, District Maharajganj, whereby the appellants have been convicted under Section 8/23 of the Act and each appellant sentenced for rigorous imprisonment of 10 years alongwith fine of Rs. 1,00,000/-, in case of default in payment of fine, additional imprisonment for one year is also provided.

(3.) Since both the above criminal appeals have been preferred by the respective appellants against the common judgment and order of conviction and sentence. Hence, both the appeals have been heard together and are being decided by this common judgment.