JOBAN DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SINCE both these appeals arise out of common judgment, rendered by the trial Court, they are being decided as such.

(2.) APPELLANTS -convicts Joban Dass and Kumbh, hereinafter referred to as the accused, have assailed the judgment dated 28.6.2008/30.6.2008, passed by Special Judge, Shimla, Himachal Pradesh, in Sessions Trial No. 1 -S/7 of 2008, titled as State of H.P. v. Joban Dass and another, whereby they stand convicted of the an offence punishable under the provisions of Section 20 read with Section 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years each and pay fine of Rs. 1,00,000/ - each, and in default therefore to further undergo rigorous imprisonment for a period of two years.

(3.) BOTH the accused persons were charged for having committed an offence punishable under the provisions of Section 20 read with Section 29 of the NDPS Act, to which they did not plead guilty and claimed trial.