JASWANT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Jaswant Kumar son of Shri Mehar Chand, son of Shri Radha Krishan, aged 30 years, culviator by profession, resident of village Gharinda, Tehsil and District Amritsar, has filed the present criminal appeal and it has been directed against the judgment and order dated 10.12.2001, passed by the Court of learned Special Judge, Amritsar, who convicted the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act") and sentenced him to undergo R.I. for a period of 14 years and to pay a fine of Rs. 2,00,000/-. In default of payment of fine he was directed to undergo R.I. for a period of two years for allegedly having (been) found in possession of 44 kgs of heroin.

(2.) THE appellant was charge-sheeted under Section 21 of the NDPS Act on the allegations that on 7.6.1996 in the area of village Janian he was found in possession of 44 packets of heroin each weighing one kilogram without any permit or licence and thereby he committed an offence punishable under Section 21 of the NDPS Act.

(3.) VIDE order dated 17.1.1997, the appellant was charge-sheeted under the aforesaid Section for having been found in possession of 44 packets of heroin weighing one kg each without any permit or licence. The charge was read over and explained to the appellant who pleaded not guilty to the charge and claimed trial.