(1.) THIS appeal has been preferred by the appellant against the judgment of conviction and sentence for an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'The Act') passed against him by the Special Judge. Appellant has been sentenced to rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1 lac and in default of payment of fine to undergo rigorous imprisonment for a further period of four years.
(2.) THE prosecution case, in brief, is that on 21.10.2002 around 3 p.m., the appellant was apprehended in Aut Bazar being in conscious possession of 2 Kgs of charas. On 21.10.2002, PW-10 H.C. Dhani Ram alongwith H.C. Hukam Chand and Constable Narender Kumar, was deployed on traffic checking duty. Around
(3.) THE learned trial Court, after considering the oral as well as documentary evidence on record, concluded that the appellant was guilty of the offence as charged and he was therefore convicted and sentenced to 10 years rigorous imprisonment and ordered to pay fine of Rs.1akh, in default to undergo further rigorous imprisonment for four years. The learned trial Court has considered the evidence in four categories, namely, (i) direct evidence regarding recovery; (ii) evidence with regard to special report; (iii) corroborative evidence and (iv) report of the expert.