TARA CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant appeal has been instituted against Judgment dated 31.7.2014 rendered by learned Special Judge, Ghumarwin, District Bilaspur, Himachal Pradesh in Sessions trial No. 05/3 of 2014, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried alongwith another accused Tarsem Singh, for offence under Sections 15 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1.00 Lakh, in default of payment of fine, to further undergo simple imprisonment for two years, for the commission of offence under Section 15(c) read with Section 29 of the Act.

(2.) A separate appeal was filed by another accused Tarsem Singh, bearing Criminal Appeal No. 394/2015. He was acquitted by this Court on 11.9.2015. It was not brought to the notice of this Court at the time of hearing of above appeal that accused Tara Chand has also filed a criminal appeal. Hence, this appeal is being decided separately.

(3.) PROSECUTION has examined as many as 10 witnesses to prove its case against the accused. Accused were also examined under Section 313 CrPC. According to them, they were falsely implicated. Trial Court convicted and sentenced the accused as noticed herein above. Hence, this appeal.