STATE OF H P Vs. JESPER NELISEN

JUDGEMENT

(1.) THE present criminal appeal 433/1998 has come up for consideration after the leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, in reference to judgment dated 30.11.1996 passed by learned Addl. Sessions Judge, Kullu, District Kullu, in Session Trial No. 12 of 1996, thereby acquitting the respondent/accused for the offence under Section 20 of NDPS Act.

(2.) THE Criminal Appeal No. 611/1996 has been preferred by convict-appellant against the same judgment dated 30.11.1996 passed by learned Addl. Sessions Judge, Kullu, District Kullu, in Session Trial No. 12 of 1996, thereby convict/appellant has been convicted for the offence under Section 14 of Foreigners Act, 1946 for not having passport at the relevant time and traveling without relevant documents in India. THE convict appellant was sentenced to undergo five years rigorous imprisonment as well as to pay a fine of Rs. 3,000/- for the commission of offence punishable under Section 14 of the Foreigners Act and in default of payment of fine, he was further to undergo rigorous imprisonment for one year. THE convict-appellant was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/- for the commission of offence punishable under Section 419 of Indian Penal Code and in default of payment of fine, he was to undergo rigorous imprisonment for one year.

(3.) IN order to prove its case, prosecution examined has many as 9 prosecution witnesses, whereas, through his statement under Section 313 Cr.PC, accused denied the prosecution case and two defence witnesses were presented on behalf of accused.