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2019 Supreme(SC) 543

ASHOK BHUSHAN, K.M.JOSEPH
Rafiq Qureshi – Appellant
Versus
Narcotic Control Bureau Eastern Zonal Unit – Respondent


Advocates Appeared:
For Appellant :Dr. Amardeep Gaur, Adv. Mr. Vishwa Pal Singh, Advocate
For Respondent:Mr. Suhaan Mukerji, Adv. Ms. Astha Sharma, Adv. Mr. Amit Verma, Adv. Mr. Abhishek Manchanda, Adv. Ms. Kajal Dalal, Adv. Mr. Prastut Dalvi, Adv. Ms. Dimple Nagpal, Adv. M/S. Plr Chambers And Co., Advocate

JUDGMENT :

ASHOK BHUSHAN, J.

This appeal has been filed against the judgment dated 17.04.2018 of High Court of Calcutta, partly allowing the appeal filed by the appellant challenging his conviction and sentence under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Additional District & Sessions Judge had convicted the appellant and sentenced him under Section 21(c) to suffer rigorous imprisonment for a term of eighteen years and to pay fine of Rs.2 lakh, and in default to suffer imprisonment for twelve months. High Court while maintaining the conviction has reduced the sentence to sixteen years rigorous imprisonment with fine of Rs. 2 lakh and in default of payment of such fine, appellant was to undergo simple imprisonment for six months. Aggrieved against the judgment of the High Court this appeal has been filed. This Court issued notice on 26.11.2018 limited to the quantum of the sentence.

2. We have heard counsel for the appellant as well as learned counsel appearing for the State of West Bengal for the respondent.

3. Learned counsel for the appellant submits that appellant could not have been awarded sentence of more than ten years which is the minimu











































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