KALU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS accused appellant has filed this appeal against the judgment dated 27. 3. 2003 passed by Special Judge (N. D. P. S. Act), Bundi in sessions case No. 30/2000 whereby he has been convicted under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the `act') and he has been sentenced to ten years rigorous imprisonment and a fine of rupees one lakh and in default of payment of the fine further rigorous imprisonment for six months.

(2.) THE charge against the accused appellant is that on 11. 3. 2000 heroin weighing 400 milligrams was recovered from his possession. THE prosecution examined nine witnesses including Gordhan Lal Nagar PW. 1 who searched the accused appellant and made the recovery of the heroin. In his statement recorded under Section 313 Cr. P. C. the accused appellant denied the recovery. He did not lead any evidence in defence. After hearing the parties learned trial Court convicted and sentenced the accused appellant in the manner as stated hereinabove. Aggrieved, the accused appellant has filed this appeal.

(3.) SECTION 41 (1) of the Amending Act 9 of 2001 is the SECTION which determines the application or exclusion of the amending provisions and reads as under:- &nbsp&nbsp&nbsp&nbsp&nbsp" Notwithstanding anything contained in sub-section (2) of SECTION 1, all cases pending before the Courts or under investigation at the commencement of this Act shall be disposed of in accordance with the provisions of the principle Act as amended by this Act and accordingly, any person found guilty of any offence punishable under the principal Act, as it stood immediately before such commencement, shall be liable for a punishment which is lesser than the punishment for which he is otherwise liable at the date of the commission of such offence. Provided that nothing in this section shall apply to cases pending in appeal. "