judgment

Altamas Kabir, J. —

1.The appellant herein, along with one Phool Chand and Ram Prasad, was accused of offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and ultimately charges were framed against them by the Special Judge under Section 8/18 and in the alternative under Section 8/18/29 of the aforesaid Act. On denying the charges framed against them the accused persons were sent to trial.

2.The learned Special Judge framed several issues and ultimately held that the charges had been fully proved against the accused Phool Chand, from whose possession 19 kg 200 gms. of opium was seized. Phool Chand was found guilty and convicted under Section 8/18 of the NDPS Act and sentenced to suffer 10 years R.I. together with fine of Rs.1 lakh, in default, to undergo 2 years R.I. separately.

3.As far as the appellant herein and Ram Prasad are concerned, the learned Trial Judge found that the charges against them had not been proved and acquitted them of the charges under Section 8/18 read with Section 29 of the NDPS Act.

4.Aggrieved by his conviction and sentence, Phool Chand preferred Criminal Appeal No.47 of 2002 before the In