SJAIK MEERABI Vs. STATE OF A.P.

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the judgment in Sessions Case No.42 of 2007, dtd. 19/1/2009, on the file of Special Judge for NDPS Cases-cum-I Additional District & Sessions Judge, Ongole ("Special Judge" for short), whereunder the learned Special Judge found the accused Nos.1 and 2 guilty of the charge under Sec. 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 ("NDPS Act" for short), convicted them under Sec. 235(2) of the Code of Criminal Procedure) ("Cr.P.C." for short) and after questioning them about the quantum of sentence, sentenced A.1 to undergo rigorous imprisonment for four years and to pay a fine of Rs.100.00, in default to suffer simple imprisonment for 15 days and sentenced A.2 to undergo rigorous imprisonment for two years and to pay fine of Rs.100.00, in default to suffer simple imprisonment for 15 days. The appellants herein are no other than A.1 and A.2 in the aforesaid Sessions Case.

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the learned Special Judge for the sake of the convenience.

(3.) The case of the prosecution, in brief, according to the charge sheet filed by the Station House Officer, Prohibition & Excise, Kanigiri, is as follows: