BOSAGA SURYAKANTH Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant, who was the accused in NDPS Sessions Case No.8 of 2005, on the file of the Special Sessions Judge for Trial of the cases under the Narcotic Drugs and Psychotropic Substance Act, 1985-cum-I Additional Sessions Judge, East Godavari District, Rajahmundry (hereinafter will be referred to as "Special Judge"), challenging the judgment, dtd. 2/7/2010, where under the learned Special Judge, found the accused guilty of the offence under Sec. 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substance Act, 1985 ("N.D.P.S. Act" for short) and convicted him under Sec. 235(2) of the Code of Criminal Procedure Code ("Cr.P.C." for short) and after questioning him about the quantum of sentence, sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000.00 and in default to suffer simple imprisonment for one year.

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

(3.) The State, represented by Inspector of Police, Rajavommangi Circle, East Godavari District, filed charge sheet in Crime No.10 of 2004 of Rajavommangi Police Station under Sec. 8(c) r/w 20(b)(1) of N.D.P.S. Act, 1985 alleging in substance as follows: