GULSHAN DHINGARA Vs. STATE

JUDGEMENT

(1.) THIS appeal, pre­ferred by the appellant under section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 30.3.1995 passed by Additional Sessions Judge, Dehradun in Special S.T. Nos. 3/1994, State v. Gulshan Dhingra, whereby the learned Additional Sessions Judge con­victed the accused/appellant under section 8/20 of The Narcotic Drugs and Psy-chotropic Substances. Act, 1985 (hereinafter to be referred as the Act) and sentenced him to undergo rigorous imprisonment for a period of ten years with a fine of Rs. One Lac and in default of payment of fine, the ac­cused/appellant shall further undergo sim­ple imprisonment for two years.

(2.) HEARD learned Counsel for the parties and perused the entire material available on record.

(3.) ON 5.12.1994, learned Additional Sessions Judge, Dehradun framed the charge of offence punishable under section 8/20 of the Act. The charge was read over and explained to the accused/appellant, who pleaded not guilty and claimed to be tried.