BALBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and order dated 13.9.2001, passed by the learned Special Court (N.D. & P.S.), Patiala, vide which, the appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac; in default of payment of fine, to further undergo RI for six months. At the very outset, the learned counsel for the appellant without assailing the findings returned by the learned trial Court on merits, made a submission that the sentence awarded by the trial Court in case FIR No. 29 dated 19.2.1998 under Section 15 of 'the Act', qua which C.R.A. No. 228 -SB of 1999, filed by the appellant, has been dismissed by this Court and sentence awarded in case FIR No. 303 dated 3.7.2000, under Section 15 of the Act i.e. qua which the present appeal has been preferred may be ordered to run concurrently.

(2.) THE learned State counsel did not oppose this submission.

(3.) I am cognizant of the fact that this Court is sitting in appeal over the judgment passed by the trial Court and that being so, the correctness of the findings returned by the learned trial Court in the background of the prosecution evidence has to be gone into. On delving into the prosecution evidence with sedulous care, it emanates that these findings are well in tune with the evidence on record and the same calls for no interference. Sequelly, the conviction of Balbir Kaur @ Beero accused is upheld.