CHIEF OBONNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the judgment of conviction as well as the order of sentence dtd. 14/1/2021, vide which the appellant was convicted for offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of 04 years along with a fine of Rs.25,000.00 and in default of payment of fine, the appellant was further ordered to undergo R.I. for a period of 03 months.

(2.) In order to prove its case, the prosecution examined PW1 ASI Ravinder Singh, PW2 LC Gurpreet Kaur, PW3 ASI Vijay Kumar, PW4 DSP Davinder Kumar, Sub Division Phillaur and PW5 Inspector Prem Singh, the Investigating Officer and closed the evidence.

(3.) The trial Court, after hearing learned counsel for the parties and appreciating the evidence on record, vide judgment of conviction and order of sentence of even date i.e. 14/1/2021, convicted and sentenced the appellant/accused under Sec. 21 of NDPS Act, as the prosecution failed to prove its case for offence under Sec. 29 of NDPS Act.