DOMAN MIAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) HEARD learned counsel appearing for the appellant as well as learned counsel appearing for Union of India and perused the record.

(2.) THIS criminal appeal has been preferred against the judgment of conviction dated 11.05.2001 and order of sentence dated 15.05.2001 passed by 1st Additional Sessions Judge, Bhabua in C.B.N. Case No. 04 of 1998/Trial No. 88 of 2000 by which and whereunder he convicted the sole appellant for the offence punishable under Section 20 (b) (i) of N.D.P.S. Act, 1985 and sentenced him to undergo rigorous imprisonment for four years and also imposed a fine of rupees fifty thousand and in default of payment of fine, he was further sentenced to undergo rigorous imprisonment for one year.

(3.) P .W.4, Gauri Shankar took charge of enquiry. The samples were sent to Government Opium Alkaloid Works, Gajipur for chemical examination. P.W.4, after completing the enquiry filed complaint on 30.07.1998 and after that cognizance of the offence was taken and later on, the appellant was put on trial and accordingly, he was charged for the offence punishable under Section 20 (b) (i) read with Section 8(c) of N.D.P.S. Act, 1985. The appellant denied the charge and claimed to be tried.