UNION OF INDIA Vs. BIRBAL SON OF GOVERDHAN

JUDGEMENT

(1.) THIS appeal has been filed by the appellant - Central Bureau of Narcotics under Section 378 of Cr.P.C.

(2.) BY impugned judgment dated 28.1.2008, the learned Special Judge acquitted the present non -applicants and convicted the accused No.1 Birbalram, son of Jagmaram and accused no.2 Sukhram, son of Ramlal Vishnoi under Section 8/18 read with Section 29 of the NDPS Act and sentenced them to 10 -10 years RI with fine of Rs.1,00,000/ - each with default stipulation.

(3.) THE accused No.1 and 2 (Birbalram son of Jagmaram and Sukhram son of Ramlal Vishnoi) challenged their conviction by filing Criminal Appeal No.436/2008. This Court by order dated 4.1.2012 allowed their appeal and acquitted them for the offence punishable under Section 8/18 read with Section 29 of NDPS Act.