SANGULA RAM BABU Vs. STATE OF A.P

JUDGEMENT

(1.) Challenging the judgment, dtd. 23/2/2010 in NDPS Sessions Case No.4 of 2008, on the file of 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"), the unsuccessful accused therein, filed the present Criminal Appeal. The learned Special Judge found the accused guilty of the charge under Sec. 8(c) r/w Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985 ("NDPS Act" for short), 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 four years and to pay a fine of Rs.25,000.00, in default to suffer simple imprisonment for six months.

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

(3.) The State, represented by the Inspector of Police, Rampachodavaram, filed a charge sheet in Crime No.180 of 2007 of Rampachodavaram Police Station, alleging in substance as follows: