JITENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CONVICT Jitender Kumar (appellant herein), has assailed the judgment dated 23.9.2010, passed by Special Judge (Fast Track Court), Kullu, District Kullu, Himachal Pradesh, in Sessions Trial No. 12 of 2010, titled as State v. Ravi Thakur & another, whereby he stands convicted and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/ - and in default thereof, to further undergo simple imprisonment for a period of two years.

(2.) IN relation to an F.I.R. No. 464 of 2009 dated 24.12.2009 (Ext. PW -6/A), registered at Police Station Sadar, Kullu, District Kullu, H.P., co -accused Ravi Thakur was charged for having committed an offence punishable under the provisions of Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), whereas, accused Jitender Kumar (appellant herein) was charged for having committed an offence punishable under the provisions of Section 29 read with Section 20(b)(ii)(C) of the Act.

(3.) CONVICT Jitender Kumar (appellant herein) as also co -accused Ravi Thakur (appellant in Cr. Appeal No. 467 of 2010) assailed the judgment by filing separate appeals, which were clubbed and heard together. However on 8.7.2014 Cr. Appeal No. 467 of 2010 so filed by co -accused Ravi Thakur was disposed of vide separate judgment of that date. Without laying challenge to the findings returned by the trial Court, Ravi Thakur confined the challenge only on the question of sentence i.e. the period of imprisonment, which he was required to undergo in the event of default of payment of fine by him, which, taking into account the overall attending circumstances, was so done and reduced to a period of six months instead of two years.