SANJAY SHRESHTA Vs. STATE

JUDGEMENT

(1.) THE accused is before this Court impugning the conviction and sentence imposed upon him under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Act, 1985, (Act, for short).

(2.) THE accused was charged and tried with an allegation that on 17.04.2003, at 19.45 hours, behind Vagator Parish Youth Club House, at Ozrant, Vagator, he was found in illegal possession of 3.10 grams of charas on his person and 9.85 kgs in the shoulder bag carried by him, in all 10.16 kgs, without any document.

(3.) THE learned Special Judge after assessing the evidence of the witnesses produced by the Complainant, came to the conclusion that the accused was found in illegal possession of 10.16 kgs of charas without any authorisation. The learned Special Judge also found that the provisions of Section 50 of the Act were complied with. As far as the provisions of Section 42 of the Act are concerned, the learned Special Judge came to the conclusion that what would be applicable is Section 43 of the Act as the accused was found in a public place. The learned Special Judge, therefore, proceeded to convict and sentence the accused as aforesaid.