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2000 Supreme(SC) 1630

K.T.THOMAS, R.P.SETHI
A. K. Mehaboob: P. K. Naushad – Appellant
Versus
Intelligence Officer, Narcotics Control Bureau – Respondent


JUDGMENT

R.P.SETHI, J.

(1) THESE two appeals are by second accused (P.K. Naushad) and third accused (A.K. Mehaboob) in a case wherein three persons were arraigned before the trial court to face a charge for the offence under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). The trial court acquitted these appellants of the offences, but convicted only 1st accused (N.P. Divakaran) for the aforesaid offences and sentenced him to rigorous imprisonment and fine in accordance with law. The aforesaid convicted person preferred an appeal before the "High Court in challenge of the conviction and sentence. In the meanwhile, respondent also filed an appeal in challenge of the order of acquittal passed in favour of the present appellants. Both appeals were heard together by a learned Single Judge of the High Court. While dismissing the appeal preferred by 1st accused, learned Single Judge reversed the order of acquittal passed on the appellants and convicted them also under Sections 21 and 29 of the Act and sentenced each of them to undergo rigorous imprisonment for a period of 10 years and to pay a fine o











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