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K.S.GUPTA
Shakil Ahmad – Appellant
Versus
State – Respondent


Advocates:
Counsel for the parties:
For the Appellants:Sh. D.C. Mathur, Senior Advocate with Sh. Mohit Mathur, Advocate.
For the Respondent:Sh. Anil Soni, Advocate.

JUDGMENT

K.S. Gupta, J. - This appeal by Shakil Ahmad @ Pappu and Wasim Ahmad accused-appellants is directed against the judgment dated 28th April, 1997 and order dated 1st May, 1997 of an Additional Sessions Judge convicting them under section 20 of, the Narcotic Drugs and Psychotropic Substance Act (for short the 'Act') and sentencing to RI for 10 years and pay a fine of Rs. 1 lac each. In default of payment of fine appellants are further to undergo RI for one year.

2. Case of the prosecution is that on 27th January, 1994 at about 10.30 a.m. a secret informer intimated Inspector, J.S. Rana (PW-8) that Shakil Ahmed. Wasim Ahmed and Kamal Babu who are having charas in huge quantity would pass through Irwin Hospital in Ambassador car No. UP-53-B-9458 between 11.00 to 12.00 noon. After recording this information in the DD at No. 11. PW-8 intimated about it to ACP H.L. Manaktala, PW-5. On direction of PW -5 a raiding party was organised by PW-8 whrerein HC Ram Bahu. PW-7. HC Jai Bhagwan. PW-6, W.H.C. Ved Wati. Constables Vinay Kumar, Arvind Kumar, Raj Kumar and Datar Singh were included. All of them alongwith informer left in vehicle Nos. DL-I/CC4416 and DL-2CC-2086 and reached the ch

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