HABIL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Y. S. Mannan, the learned counsel for the appellant. Also heard Ms. S. Jahan, the learned Additional Public Prosecutor appearing for the State of Assam.

(2.) This criminal appeal has been filed by the appellant, Md. Habil Ali, under Sec. 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment and order dtd. 17/12/2022 passed by the learned Additional Sessions Judge No. 2, Nagaon, Assam, in Special NDPS Case No. 17/2021. The appellant was convicted under Sec. 18(c) of the NDPS Act and sentenced to rigorous imprisonment for 10 years, along with a fine of Rs.1,00,000.00 (Rupees One Lakh). In default of payment, he was ordered to undergo simple imprisonment for six months. Additionally, the appellant was convicted under Sec. 20(b)(ii)(C) of the NDPS Act, 1985, and sentenced to rigorous imprisonment for 20 years, with a fine of Rs.1,00,000.00 (Rupees One Lakh), and, in default, simple imprisonment for six months. He was also convicted under Sec. 21(b) of the NDPS Act, 1985, and sentenced to rigorous imprisonment for 20 years, along with a fine of Rs.1,00,000.00 (Rupees One Lakh), and, in default, further simple imprisonment for six months.

(3.) The facts relevant for the adjudication of this appeal, in brief, are as follows: -