BHANWAR SINGH Vs. NARCOTICS CONTROL BUREAU DELHI

JUDGEMENT

(1.) SINCE both the aforesaid appeals arise out of one and the same judgment, therefore, they are being decided by his common judgment.

(2.) THE appellants have preferred this appeal under Section 374 of the Cr.PC against the judgment dated 31-10-95 passed by learned Sixth Addl. Sessions Judge, Ujjain in Sessions Trial No. 202/93, whereby all the three appellants have been convicted under Section 29 of the Narcotic Drugs and Psychotropic Substances Act (for short hereinafter referred to as 'the Act') and each is sentenced to under go R.I. for ten years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine to suffer additional R.I. for one year and appellant Salim is also convicted under Section 21 of the Act and is further sentenced to suffer R.I. for ten years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine to suffer additional R.I. for one year. All the substantive jail sentences have been directed to run concurrently.

(3.) LEARNED Counsel for the appellants have canvassed three legal points for consideration, viz., (1) Non-compliance of Section 42 (2), (2) non-compliance of Section 50, and (3) that the statement recorded under Section 67 of the Act cannot be relied upon.