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2007 Supreme(Pat) 573

SUBASH CHANDRA JHA, SHIVA KIRTI SINGH
Kenjengbam Arun Singh – Appellant
Versus
Union Of India – Respondent


Judgment

1. The sole appellant is aggrieved by his conviction under S. 20(b)(ii)(c) of the NDPS Act for which he has been awarded RI for 13 years and a fine of Rs. 1,00,000.00 (One Lac) in lieu whereof he is to undergo a further imprisonment of one year R.I. The impugned judgment dated 18th March, 2006 has been rendered by learned Additional District and Sessions Judge-cum-Special Judge, NDPS Act, Kishanganj in Special Case No. 8 of 2001/trial No. 05/2001 which arises out of Kishanganj Unit Case No. 21, NDPS Act/KNE/2001.

2. According to the prosecution, essential facts in brief are that on 23rd March, 2001 officials of the Custom Department, Kishanganj received a telephonic information that contraband ganja was being transported from Imphal to Calcutta by a bus bearing Registration No. MN-04/5255 via Kishanganj. On receipt of the information the Superintendent of Customs constituted a preventive team and the advance team of preventive officers located the bus in question at about 5:15 a.m. when it was passing through Faring Gola on NH-31. After chase it was intercepted at Khagra Railway Crossing, Kishanganj. After disclosing their identity the preventive officers gave their identif














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