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2001 Supreme(Pat) 926

INDU PRABHA SINGH
Dayanand Bharati – Appellant
Versus
Union Of India – Respondent


Judgment

I.P.Singh, J.

1. The sole appellant has been convicted under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) and has been sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs, 10,000/-. In default he will have to undergo rigorous imprisonment for two months.

2. The prosecution case, in brief, is that one Atma Kumar, Inspector, Customs, Purnea filed a complaint in the court of the District and Sessions Judge-cum-Special Court, Purnea disclosing therein that on 24.6.1998 at 6 A.M., a casual information was received by Superintendent, Custom(P), Purnea regarding transporting of Ganja from Assam by a truck bearing registration no. AS-01 A/3931 passing through N.H. 31 proceeding to Buxar via Purnea. The Superintendent, Custom (P), Purnea contacted the Assistant Commissioner (P), Forbesganj on phone immediately and informed him about the entire fact and thereafter the Assistant Commissioner Custom (P) Forbesganj constituted a preventive party under the leadership of Sri P. M. Srivastava, Superintendent, Custom (P), Purnea to intercept the said truck. The preventive party left Purnea office at 8 A.M. on the same d









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