BHOPAL SINGH @ BRIJ BEHARI 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 29.4.1994 passed by Special Sessions Judge, Chamoli in Special Trial No. 3/92, State v. Bhopal Singh alias Brij Behari, whereby the learned Special Sessions Judge has convicted the appellant/accused under Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced him to undergo rigorous imprisonment for a pe­riod of ten years along with fine of Rs. 1,00,000/- and in case of default in the payment of fine, the appellant/accused was directed to further undergo R.I. for a period of one year. While giving benefit of Section 27 of the Act, the appellant/ac­cused has been sentenced to R.I. for six months for possession of Ganja. It was also directed that both the sentences shall run concurrently.

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

(3.) THE investigation of this case was taken by Tara Dutt Pant (PW3), the In­spector In-charge of P.S. Karnprayag, who recorded the statement of the wit­nesses during the course of investigation and after inspecting the spot, prepared the site place Ex. Ka-6. Samples of the recov­ered articles were sent for chemical analysis on 7.10.1992 and report of the chemical examiner dated 1.12.1992 Ex. Ka-8 was received. After completing the investiga­tion, the I.O. filed the chargesheet Ex. Ka-7 against the appellant/accused.