JENS ASTRUP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THESE two appeals, one by the State of Himachal Pradesh and the other by Mr. Jens Astrup, are directed against the same judgment, i.e. judgment dated 30.11.1996 of Sessions Court, Kullu, whereby Mr. Jens Astrup, who was tried for offences, under Section 20 of the Drugs and Psychotropic Substances Act, 1985, Section 14 of the Foreigners Act and Section 419 IPC, has been convicted for the later mentioned two offences and sentenced to undergo five years rigorous imprisonment and pay fine of Rs. 3000, in respect of offence, under Section 14 of the Foreigners Act and to undergo three years rigorous imprisonment and pay fine of Rs. 1000, in respect of offence, under Section 419 IPC, but has been acquitted of the offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) MR . Jens Astrup, hereinafter called accused, has appealed against his conviction and sentence for the aforesaid two offences, while the State has appealed against his acquittal, in respect of offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) APPELLANT was not possessing any passport for being in India, even though he is not an Indian citizen, but a Denmark national. He also disclosed to PW -9 HC Bhagi Rath that he was a French national and his name was Hens Anderson. So, the accused in addition to being charged with offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, was charged with offences, under Section 14 of the Foreigners Act and 419 of the Indian Penal Code.