NIMMA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) By this judg­ment I dispose of two criminal appeals Nos. 870-SB of 1998 and 1067-SB of 1998, titled Nimma Ram and others v. State of Punjab. I may clarify that both these ap­peals have arisen from one judgment but have been filed by separate lawyers under some misconception as the appellant engaged two separate lawyers at dif­ferent points of time in order to file their appeals.

(2.) THESE appeals are directed against the judgment and order dated 27-8-1998 passed by the Court of Special Judge, Ropar, who convicted appellants Nimma Ram, Tilak Ram and Satnam Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to 'the Act') and sentenced each one of them to undergo rigorous imprison­ment for a period of 10 years and to pay a fine of Rs. 1 lac. In default of payment of fine, each one of the appellants was directed to undergo rigorous im­prisonment for two years.

(3.) VIDE orders dated 14-8-1997 all the three accused were charge- sheeted under Section 15 of the Act on the allegations that on 22-5-1997 in the area of village Padiala they were found in possession of 280 kgs. of poppy husk without any licence or permit and thereby committed the of­fence punishable under Section 15 of the Act. The charge was read over and ex­plained to the accused to which they pleaded not guilty and claimed a trial.