NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) BOTH these criminal appeals have arisen out of a judgment dated 23.7.2008 passed in Sessions Trial No. 183 of 2004, State Vs. Narain and another, arising out of Case Crime Nos. 222 of 2004 and 223 of 2004, under Sections 21(C) N.D.P.S. Act, P.S. -Rail Bazar, District -Kanpur Nagar by learned Additional Sessions Judge, Court No. 10, Kanpur Nagar convicting and sentencing the appellant -Narain to undergo 12 years rigorous imprisonment and a fine of Rs. 1,20,000/ - with default sentence of 15 months rigorous imprisonment and the appellant -Bauwan Singh to undergo 10 years rigorous imprisonment and a fine of Rs. 1 lac with default sentence of 1 years rigorous imprisonment.

(2.) THE prosecution version in brief is that on 19.7.2004 at about 1.45 P.M., both the accused persons were arrested by the police on road in front of bunglow no. 115. On their search 01kg smack and 100gms heroin were recovered from the possession of the appellant -Narain and 01kg smack was recovered from the possession of the appellant -Bauwan Singh. Case Crime No. 222 of 2004, under Section 21(C) N.D.P.S. Act against the accused -appellant -Narain and Case Crime No. 223 of 2004, under Section 21(C) N.D.P.S. Act against the accused -appellant -Bauwan Singh were registered at Police Station -Rail Bazar, District - Kanpur Nagar. The investigating officer after concluding the investigation and after receiving the report of chemical analyst from Forensic Science Lab, submitted charge -sheets against them. Both the accused persons were put on trial and the trial court found them guilty under Section 21 (C) of N.D.P.S. Act and sentenced the appellant -Narain to undergo 12 years rigorous imprisonment and fine of Rs. 1,20,000/ - with default sentence to further undergo 15 months rigorous imprisonment. The accused -appellant Bauwan Singh was sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 1 lac with default sentence of 01 year rigorous imprisonment. Both were given benefit of Section 428 Cr.P.C. and the period which they had already undergone during the trial, was set off against the term of imprisonment imposed upon them.

(3.) HAVING dis -satisfied with the judgment of the trial court, both the appellants have preferred these appeals.