MD MOINUDDIN Vs. STATE OF W B

JUDGEMENT

(1.) This appeal is at the instance of two convicted persons and is directed against order dated 28th August, 2001 and 29th August, 2001 passed by the learned Special Judge, 6th Bench, City Sessions Court, Calcutta in N.D.P.S. Case No. 37 of 1997 thereby holding that the appellants are guilty under Section 29 read with Section 21 of the N.D.P.S. Act and consequently, imposing sentences of rigorous imprisonment for ten years and a fine of Rs. 1,00,000/- to each of the appellants. In default of payment of fine, the appellants were directed to undergo further rigorous imprisonment for one year for the offence committed under Section 21 of the N.C.P.S. Act. Both the sentences were, however, directed to run concurrently.

(2.) The Prosecution case is based on a compliant lodged by the Narcotics Control Bureau and the case made out in the said complaint may be summarised thus :

(3.) On the basis of the aforesaid complaint, charge was framed against the accused persons for committing offence punishable under Section 29 read with Section 21 of the N.D.P.S. Act. Separate charge was framed against Md. Moinuddin for possessing 235 Gms of Heroin for the purpose of sale to appellant No. 2 under Section 21 of the said Act.