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2016 Supreme(Kar) 49

A.V.CHANDRASHEKARA
SUBRAMANYAM – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates Appeared:
For the Appellant : SRI.P.M.SIDDAMALLAPPA & SRI.UMESH P.H., ADVS., FOR MYLARAIAH ASSTS.
For the Respondents: SRI.RACHAIAH, HCGP

JUDGMENT :

Present appeal is filed under Section 374 of Cr.P.C. challenging the judgment of conviction and sentence passed by the learned Special Judge dealing with the cases arising out of Narcotic Drugs and Psychotropic Substances Act (for short ‘the Act’) in Spl.C.C.No.134/2013. Petitioner who was accused No.1 is convicted for the offence punishable under Section 5(C) of NDPS Act r/w. Section 34 of IPC and is sentenced to undergo R.I. for 10 years and to pay fine of Rs.1 lakh, in default, to undergo six months of S.I. for the offence punishable under Section 5(C) of NDPS Act. The judgment of conviction and sentence dated 27.11.2015 is called in question in this appeal.

2. The facts leading to the filing of the present appeal are as follows:

a. Accused had been charged for the offence under Section 5(C) of the Act arising out of Crime No.5/12 registered by the respondent – police station. On 21.01.2012 at about 7.30 a.m., CW18 received a credible information regarding the illegal transportation of 8 bags of poppy straw (husk) in Madhusudan bus from Madanapalli to Bangalore. CW18 – PSI – Mr.Rajanna is stated to have reduced the information so received in the Station House Diary and i





















































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