JIWNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment Criminal Appeal No. 775-SB of 1986 filed by the accused appellant against his conviction and Criminal Appeal No. 295-SB of 1987 filed by the State for enhancement of sentence are being decided.

(2.) APPELLANT -accused has assailed his conviction and sentence of 10 years under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in brief the Act) by judgment dated 26.11.1986. State has filed the aforesaid appeal for enhancement of sentence on the ground that under Section 17 of the Act the sentence is 10 years Rigorous Imprisonment with fine of one lakh rupees. The trial court has convicted the accused and sentenced him to 10 years Rigorous Imprisonment only. Hence sentence of fine of one lakh rupees be also imposed on the appellant-accused for the commission of the said offence.

(3.) ACCUSED denied the charge. His plea is that nothing was recovered from him. He was arrested from his house two/three days before 11.4.1986. Ram Ditta is a police stock witness. Earlier he purchased bricks from him and paid Rs. 2,000/- as its price but after some time he returned the bricks and demanded the price back with interest. He declined to repay the price. Hence he is inimically disposed of towards me. He has not adduced any evidence in defence.