UNION TERRITORY OF CHANDIGARH Vs. ASHOK THAKUR

JUDGEMENT

(1.) THIS appeal has been filed by the appellant, for enhancement of sentence awarded to the respondent -accused, vide judgment of conviction and the order of sentence dated 11.10.2007 rendered by the Judge, Special Court, Chandigarh, vide which he convicted the accused (now respondent) for the offence, punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him, to undergo rigorous imprisonment for a period of 5 -1/4 months and to pay a fine of Rs. 10,000/ - and in default of payment of the same, to undergo rigorous imprisonment for another period of 1 -1/4 months, for having been found in possession of 3 Kgs. 400 grams ganja, without any permit or licence.

(2.) THE facts, in brief are that on 20.11.2002, the accused respondent in the area of Police Station Manimajra, Chandigarh, was found in possession of 3 Kgs. 400 grams of ganja without any permit or licence by ASI Sarup Singh, PW -2, the Investigating Officer. The statements of the witnesses were recorded. The accused was arrested and after the completion of investigation, he was challaned.

(3.) THE prosecution, in support of its case, examined MHC Anil Kumar PW -1, ASI Sarup Singh, PW -2, Constable. Yash Pal, PW -3, HC Gurbaj Singh, PW4 SI Satyabir Singh, PW -5 Dr. A.K. Dalela, PW6 and Constable Naresh Kumar, PW -7. Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.