JUDGEMENT
Sanjay Kumar Gupta, J. -
(1.)This Criminal Appeal is preferred by the appellant-Kali Dass against the impugned judgment passed by the Court of learned 1st Additional Sessions Judge, Jammu (Special Court under NDPS Act) dated 27.09.2016 in Special Case No. 39/2009, titled, State of J&K vs. Kali Dass, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of four years and a fine of Rs.40,000/- under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'. In default of payment of fine, he shall undergo further imprisonment for a period of one-fourth of the substantive sentence of imprisonment.
(2.)The case set up by the prosecution is that on 02.02.2009 at about 3:45 p.m. a Police party of Police Post Canal Road, Jammu during patrolling spotted one person with a bag in his hand. He was moving from canal head to Bhagwati Nagar, and on being frisked and checking of bag, a polythene white bag containing one black and one white coloured bags, 500 parvon spas capsules contained in strips from white bag and 295 capsules of pravon spas were recovered from black bag. Accordingly, an FIR.No. 18/2009 was registered under section 08/20/21 of NDPS Act by the Police Station, Nowabad, Jammu.
(3.)After conclusion of the investigation by the Police, challan for commission of offence under section 08/20/21 of NDPS Act was presented against the appellant before the Court of learned 1st Additional Sessions Judge, Jammu. The appellant denied the charges framed against him and claimed to be tried.
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