NAGENDER SHAH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Criminal Appeal No. 47 of 2008 has been preferred by appellant/convict Yusuf Mohammad (in jail) through Mr. Anoop Chitkara, Learned Advocate, and Criminal Appeal No. 44 of 2008 has been preferred by appellant/convict Nagender Shah (through jail) and Mr. Chaman Negi, is representing him as a Legal Aid Counsel, The aforesaid Criminal Appeals have been preferred under Section 374(2) of the Code of Criminal Procedure read with Section 36-B of NDPS Act, against the judgment dated 17th December, 2007, passed by learned Special Judge, Chamba Division, Chamba, District Chamba, Himachal Pradesh, in Sessions case number 8-K/VII/2007, whereby learned Trial Court has convicted both the appellants under Section 20(b)(ii)(C) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and both the appellants have been sentenced under Section 20(b)(ii)(C) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short called as NDPS Act) to undergo rigorous imprisonment for Ten Years and also to pay fine of Rs. 1,00,000/-. In default of payment of fine, further rigorous imprisonment for a period of two years.

(2.) SINCE , both the appeals have been preferred separately against the common judgment adjudicating the cases of both the appellants/convicts, as such, these appeals are taken up together for the adjudication and disposal.

(3.) IN order to prove its case, the prosecution examined as many as ten prosecution witnesses, whereas, the appellants/convicts in their statements under Section 313 of Cr.P.C., have denied the prosecution case and have shown their innocence.