MITHU SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of two appeals bearing No. CRA -S -61 -SB -2003 and CRA -S -2007 -SB -2002 as both the appeals arise out of one judgment.

(2.) BY preferring the aforesaid appeals, both the accused -appellants have challenged the judgment and order dated 09.10.2002, whereby they have been convicted for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for brevity 'the N.D.P.S. Act') and sentenced to undergo RI for ten years and to pay a fine of Rs. 1 lakh each, with default clause of RI for two years. It was further observed that the period of detention already undergone by them during investigation and trial, be set off from the sentence awarded.

(3.) A prima facie case for an offence under Section 15 of the N.D.P.S. Act was found out against both the accused and they were accordingly charge sheeted to which they pleaded not guilty and claimed trial.