(1.) APPEAL has been directed against the judgment and order dated 19th November, 1997 passed by the Court of Additional Sessions Judge, Amrita, vide which the Appellant was convicted Under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and was sentenced to undergo rigorous imprisonment for a period of 10 years on each count. The Appellant was further directed to pay a fine of Rs. 1,00,000 or in default of payment of fine each one of them was directed to under rigorous imprisonment for a period of three years.
(2.) BRIEF facts of the case can be noticed in the following manner:
(3.) THE accused was examined Under Section 313 of the Code of Criminal Procedure and all the incriminating circumstances appearing in the prosecution case were put to him, to which the accused denied and stated that he had been falsely implicated and no recovery was effected from him. In defence he examined D.W. 1 Shri Balbir Singh, Head Constable, and according to this witness Roznamcha dated 9th January, 1994 had already been destroyed.