UTTAM SINGH Vs. STATE

JUDGEMENT

(1.) Criminal Appeal in hand is directed against the judgment and Order of 2nd Additional Sessions, Jammu dated 26th September' 2006, whereby the Trial Court has held the Appellants guilty of offences punishable under Section 8(C) read with Section 21(C) Narcotics Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as N.D.P.S Act) and sentenced the Appellants to undergo ten years rigorous imprisonment and a fine of Rs. 1 Lakh each and in default of payment of fine to undergo rigorous imprisonment for a further period of one year each.

(2.) The background facts are as under:

(3.) The Appellants and absconding accused were formally charged of the offences punishable under Section 8(c)/21(c) of N.D.P.S Act, 1985 on 22nd of August' 2003. The Appellants and absconding accused denied the charge and asked for trial. The prosecution in the circumstances was directed to adduced evidence in support of the charge.. The accused Ravinder @ Babloo was granted interim bail. The accused jumped over the interim bail, failed to appear before the trial Court and General Arrest Warrant was issued against the accused and proceedings under Section 512 Code of Criminal Procedure were initiated on 3rd of June' 2006. The accused was not be arrested till the trial concluded and resultantly judgment against the accused was not pronounced.