[Criminal Appeal No. 1375 of 2008]. The Judge, Special Court, Kaithal, Haryana vide his judgment dated31st July, 2002 rendered the judgment of conviction and passed an order of sentence under Section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and awarded the punishment to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 1 lakh, and in default thereto and to further undergo rigorous imprisonment for a period of two years to accused Kishan Chand, while it acquitted the other accused Ramphal as the prosecution had failed to prove its charge against that accused. Upon appeal, the judgment of the Trial Court was affirmed by the High Court as it was of the opinion that the judgment of the Trial Court did not warrant any interference. Thus, by its judgment dated 22nd April, 2008, the High Court sustained the conviction and sentence of the accused. Aggrieved from the judgment of the Division Bench of the High Court, the accused filed the present appeal. Before we dwell upon the merit or otherwise of the contentions raised before us, it will be appropriate for the Court to fully narrate the facts resulting in the conviction of the appellant. On 19th July, 2000, a secret information was received by Sub-Inspector Kaptan Singh, PW7 who at the relevant time was the Station House Officer of Police Station, Cheeka and was present near the bus stand Bhagal in relation to investigation of a crime.
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