ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) All these appeals are being disposed of together, as they arise from the single judgment and sentence dtd. 31/12/2008/ 17/1/2009 and also involve identical questions of facts and law.

(2.) Ashok Kumar and Ramesh Chand were jointly tried for commission of offence under Sec. 20 of the NDPS Act in Sessions Trial No. 13-S/7 of 2008 by learned Special Judge II, Solan. Both were convicted for said offence and were sentenced to undergo imprisonment for two years each with fine of Rs.40,000.00 each and in default of payment of fine to further undergo imprisonment for six months each. While passing the aforesaid sentence learned Special Judge has recorded reasons as under:

(3.) Whereas, in Cr. Appeals No. 15 of 2009 and 23 of 2009 appellants Ashok Kumar and Ramesh Chand have assailed their respective conviction and sentence, State has filed appeal No. 86 of 2009 seeking enhancement of their sentence.