GULAM RASUL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Additional Sessions Judge, Amritsar dated 17.3.1992 holding the appellant Gulam Rasul guilty for offences under Sections 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the 'Act') and the order of sentence of rigorous imprisonment for 10 years and 6 months under both the counts and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years under both the counts. Both the sentences were ordered to run concurrently.

(2.) THE essentials of the prosecution case can be re-captulated thus:-

(3.) ON the conclusion of the investigation two complaints, one under Sections 21, 22 and 23 of the Act and the other under Sections 132 and 135 of the Customs Act, 1962, were filed in the Court of the Magistrate. As the offences under Sections 21, 22 and 23 of the Act were triable by the Court of sessions, the learned Magistrate committed the case in that complaint to the Court of Sessions along with the other complaints since the two complaints against the accused related to the same incident. Both the complaints were consolidated and the evidence was recorded by the Court of Sessions in the case under Sections 21, 22 and 23 of the Act.