JUDGMENT

1. Aggrieved by the judgment dated 10th August 2017 whereby the appellant was convicted for offences punishable under Section 21(c) of the NDPS Act and Section 14 of the Foreigners Act and the order on sentence dated 23rd August, 2017 whereby he was directed to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1 lakh, in default whereof to undergo simple imprisonment for 3 months for offence punishable under Section 21(c) of the NDPS Act and to pay a fine of Rs.5000/- in default whereof to undergo simple imprisonment for 1 month under Section 14 of the Foreigners Act, the appellant prefers the present appeal. Along with the appellant, one Abdul Khaliq was also tried, however, he was convicted only for offence punishable under Section 14 of the Foreigners Act and acquitted for offence punishable under Sections 21(c) read with 29 of the NDPS Act.

2. Learned counsel for the appellant contends that on the same evidence, the co-accused of the appellant namely Abdul Khaliq who was charged for offences punishable under Section 21(c) read with 29 of the NDPS Act has been acquitted with the specific finding that since no recovery was made from him, th