NANAK CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in both the appeals, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) THESE appeals are instituted against the judgment dated 8.7.2010 rendered by learned Special Judge, Fast Track Court, Chamba in sessions trial No. 23 of 2009, whereby the appellants/accused (hereafter referred to as the "accused for the sake of convenience), who were charged with and tried for offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act" for the sake of convenience), were convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac each and in default of payment of fine to further undergo rigorous imprisonment for one year under Sections 20 and 29 of the Act.

(3.) THE prosecution examined as many as fourteen witnesses in support of its case. The accused were examined under Section 313 Cr.P.C.. They denied the case of the prosecution and claimed innocence. They also examined two witnesses in their defence. Learned trial court convicted and sentenced the accused under Sections 20 and 29 of the Act vide judgment dated 8.7.2010, as stated hereinabove. Hence, the appeal.