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2022 Supreme(SC) 662

AJAY RASTOGI, C. T. RAVIKUMAR
Budhiyarin Bai – Appellant
Versus
State of Chattisgarh – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Sangeeta Kumar, AOR Ms. Vidushi Garg, Adv. Ms. V. Garg, Adv.
For the Respondent(s): Mr. Vishal Prasad, AOR Ms. Ritika Sethi, Adv.

JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The instant appeal is directed against the judgment and order dated 26th February, 2018 upholding conviction of the appellant for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter being referred to as the “NDPS Act”) and sentenced to 15 years’ rigorous imprisonment and a fine of Rs. One Lakh, in default to pay fine, a sentence of rigorous imprisonment for a period of 3 years to be undergone separately.

3. The notice was issued by this Court by an Order dated 13th May, 2022 limited to the quantum of sentence.

4. The facts of the case relevant for the purpose are that the appellant is a poor illiterate lady and a senior citizen at the time of the alleged incident, i.e., 15th January, 2011, who, along with her two children, Pila Ram and Rajkumar alias Raju was charged under Section 20(b)(ii)(C) of the NDPS Act for having joint possession of the commercial quantity of illegal ‘Ganja’(Cannabis) of 05 quintal and 21.5 kilogram, which was, as alleged, in their joint knowledge. Other co-accused Rajendra Tiwari and Idris Khan were charged under Section 27-A of the NDPS Act that they delivere


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