RAMESH RANA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Vinod Kumar Singh, learned Amicus Curiae appearing for appellants, Ms. Shikha Sinha, learned A.G.A. for the State.

(2.) These appeals have been preferred on behalf of appellant Dil Bahadur, Kriti Bahadur and Ramesh assailing the impugned judgment and order dated 25.02.2010. Learned Trial Court of Additional Sessions Judge/Fast Track Court, Ist, Shrawasti by a common judgment has decided Sessions Trial No. 22 of 2008 (State Vs. Dil Bahadur) arising out of Crime No. 379 of 2008, Sessions Trial No. 23 o 2008 (State Vs. Kriti Bahadur) arising out of Crime No. 380 of 2008 and Sessions Trial No. 24 of 2008 (State Vs. Ramesh) arising out of Crime No. 381 of 2008 for offence punishable under Sections 20 (Kha) (2) (Sa), Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as "N.D.P.S. Act") Police Station Sirsiya, District Shrawasti. The recovery memo prepared by police personnel is common and all the appellants were arrested on the same day, therefore, their appeals are taken up, heard and decided together.

(3.) The learned trial Court has analyzed, appreciated and evaluated evidence of witnesses and delivered impugned judgment and order dated 25.02.2010 by which appellant Dil Bahadur has been convicted in Sessions Trial No. 22 of 2008 for offence punishable under Section 20 (Kha) (2) (Sa), N.D.P.S. Act and sentenced to undergo rigorous imprisonment for 10 years and amount of Rs. 1 lac has been imposed as fine along with default stipulation to serve out additional rigorous imprisonment for two years. The appellant Kriti Bahadur for the aforesaid offence sentenced to undergo rigorous imprisonment for 13 years and amount of Rs. 2 lacs has been imposed as fine along with default stipulation to serve out additional rigorous imprisonment for three years. The appellant Ramesh has also been convicted for aforesaid offence and sentenced to undergo rigorous imprisonment for 14 years, amount of Rs. 2 lacs as fine has been imposed along with default stipulation to serve out additional rigorous imprisonment for three years. The trial Court has directed that period of detention during course of trial shall be set off against the punishment/imprisonment awarded against the appellants. The amount Rs. 3000/- recovered from Dil Bahadur and amount of Rs. 100/- Nepaly currency from appellant Ramesh from their personal search were directed to be refunded to them after prescribed period for appeal.