BHAJA JAL Vs. STATE OF A.P.

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the judgment, dtd. 11/3/2011 in NDPS S.C.No.1 of 2007, 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, Vizianagaram ("Special Judge" for short), where under the learned Special Judge found the present appellant/A.1 guilty of the charge under Sec. 8(c) r/w 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 ("Cr.P.C." for short) and after questioning him about the quantum of sentence, sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000.00, in default to suffer simple imprisonment for six months. The learned Special Judge found A.2 not guilty of the charge under Sec. 8(c) r/w 20(b)(ii)(B) of the NDPS Act and acquitted him under Sec. 235(1) of Cr.P.C.

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

(3.) The case of the prosecution, in brief, according to the charge sheet filed by the Prohibition and Excise Inspector, Bobbili in Crime No.49 of 2006-07, is that A.1 is resident of Jathupali Village, Nanpada District of Orissa State. A.2 is resident of Pydiparthi Village of Mentada Mandal.