LAWS(HPH)-2016-5-103

RAJ KUMAR Vs. STATE OF H.P.

Decided On May 02, 2016
RAJ KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) Since the common questions of law and facts are involved in these two appeals, as they are arising out of the same judgment, so, they are taken up together for hearing and are being disposed of by a common judgment.

(2.) Criminal Appeal No.2 of 2013 is maintained by the accused Raj Kumar, against his conviction and sentence in Sessions Trial No.09 of 2011 and Criminal Appeal No.38 of 2013 is maintained by the State of Himachal Pradesh, against the same judgment. Both these appeals are instituted against the judgment dated 06.10.2012/09.10.2012, rendered by the learned Special Judge, Kullu, H.P. in Sessions Trial No.09 of 2011 and 69 of 2012, respectively wherein the accused Raj Kumar, appellant in Appeal No.02 of 2013, and respondent in Appeal No.38 of 2013, (hereinafter called the 'appellant'), was charged with and tried for the offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985, (hereinafter to be called as the 'Act' ).

(3.) The learned trial Court has committed and sentenced the appellant with rigorous imprisonment for a period of six years and to pay a fine of Rs.60,000/ -.