RAM PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment we shall be disposing of two Criminal Appeals (Nos. 441-DB of 2002 and 621-SB of 2002), arising out of one and the same judgment.

(2.) BY the impugned judgment dated 31.5.2002 passed by the learned Judge, Special Court, Patiala, Ram Pal appellant has been convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as the Act) and has been sentenced to undergo rigorous imprisonment for a period of eleven years and to pay a fine of Rs. one lakh, in default of payment of fine to suffer further RI for six months, whereas Amrik Singh appellant has been convicted under Section 15 of the Act and has been awarded the same sentence. Aggrieved by the impugned judgment of conviction and sentence, both the appellants have filed their separate appeals. We may mention here that Ram Pal appellant was also charged under Section 15 of the Act and stands convicted for the said charge by the trial Court but has been sentenced under Section 25 of the Act only.

(3.) ON the next day, the case property and Amrik Singh appellant were produced before the Illaqa Magistrate with a request application (EX. PJ), who passed the order (Ex. PJ/1) and after checking the case property, it was again deposited with MHC Surinder Pal on the same day. After receipt of the report of Forensic Science Laboratory, (Ex. PK) Amrik Singh appellant was challaned.