ON

13.01.2022,

COMING

ON

PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

3

JUDGMENT

These two appeals are directed against the

judgment and order of conviction passed by the

District & Sessions Judge, Chamarajnagar, in Special

Case No.152/2009 dated 24.02.2011 whereby the

learned Sessions Judge convicted the accused for the

offences punishable under sections 20(b)(ii)(B) of The

Narcotic Drugs and Psychotropic Substances Act, 1985

('NDPS Act' for short).

2.

Criminal Appeal No.369/2011 is filed by the

accused challenging the conviction, while Criminal

Appeal No.523/2011 is filed by the State aggrieved by

quantum

of

sentence

seeking

enhancement

of

sentence.

3.

Since both these appeals are arising out of

the same judgment, they are clubbed, heard and

common order is being pronounced.

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4.

For the sake of convenience, the parties

herein are referred with their original ranks occupied

by them before the Trial court.

5.

The brief factual matrix leading to the case

is that the Ramapura police have submitted a charge

sheet against the accused for the offences under

Sections 20(a)(b)(i) of NDPS Act. The brief facts of

the case are that on 20.7.2008 at about 3.55 p