Himachal

HIMACHAL HIGH COURT UPHELD THE SENTENCE PASSED BY THE TRIAL COURT AGAINST THE CONVICTS IN NDPS ACT

August 28, 2019 08:30 PM

Shimla (Vijyender Sharma)

 The High Court on Wednesday upheld the sentence passed by the trial court against the convicts Balwinder Singh and Prakash Singh for commission of an offence under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act; 1985 whereby, the accused were sentenced to undergo rigorous imprisonment for ten years each, alongwith fine of Rs. One Lakh each and to further undergo simple imprisonment for two years, in default of payment of fine. 

Division Bench comprising Justice Dharam Chand Chaudhary and Justice Jyotsna Rewal Dua passed these orders in a Criminal Appeal preferred by the accused Balwinder Singh and Prakash Singh against the State who were convicted & sentenced by the Special Judge(III), Mandi, District Mandi, vide Judgment dated 21.07.2016. 

The convicts Balwinder Singh and Prakash Singh, residents of Sangrur, Punjab were caught by the police during Nakabandi at a place called Jhalogi at District Mandi, on 09.02.2015 with 1 Kg and 250 grams of Charas on which FIR was registered at Police Station Aut, District Mandi. Total nine witnesses were examined by the prosecution to prove the offence before the trial court. On conclusion of the trial, convicts were sentenced to rigorous imprisonment for ten years each by the trial court. 

The convicts Balwinder Singh and Prakash Singh, residents of Sangrur, Punjab were caught by the police during Nakabandi at a place called Jhalogi at District Mandi, on 09.02.2015 with 1 Kg and 250 grams of Charas on which FIR was registered at Police Station Aut, District Mandi. Total nine witnesses were examined by the prosecution to prove the offence before the trial court. On conclusion of the trial, convicts were sentenced to rigorous imprisonment for ten years each by the trial court.

 

Against the aforesaid judgment, the convicts preferred the present appeal in which they alleged that the judgment of the trial Court is liable to be set aside as the trial Court has relied upon inadmissible and irrelevant evidence produced by the prosecution, which has rendered into wrong findings of fact having been recorded by the trial Court. 

Division bench of the High Court in the matter observed that no interference is required in the findings of conviction against the accused returned by the trial Court as the prosecution has been able to prove its case on record, against the accused persons, beyond reasonable doubt and accordingly, dismissed the appeal filed by the appellants-convicts and upheld the judgment of conviction passed by the trial Court.

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