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2013 Supreme(Pat) 947

AKHILESH CHANDRA
Harendra Paswan – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.K. Tiwary, Advocate
For the Respondent: Mr. Satya Prakash Tripathy, Sr. Standing Counsel, Govt. of India

JUDGMENT

1. The solitary appellant preferred this appeal against his conviction for the offence punishable under Sections 20(b) IIC of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called as the “Act”) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/-, in default, to further suffer simple imprisonment for 1 year, as awarded by 4th Additional Sessions Judge, Muzaffarpur vide judgment of conviction and order of sentence respectively dated 13th & 18th Day of August, 2010 passed in Custom Case No. 147 of 2007 / Trial No. 32 of 2010.

2. The prosecution case in short as reveal from the complaint petition (Ext.- 3) of P.W.3, Inspector of Custom, is that acting on some secret information at about 11.10 hours at Kanti Road, Muzaffarpur, wherein, the Custom Officers of Muzaffarpur intercepted a Fiat Car bearing Registration No.- B.H.I.-2151 having red cross (+) sign on its front screen, but the driver (appellant) initially tried to accelerate, however, for about 2 kilometers chase it could be intercepted and the driver (appellant) was apprehended and from the Dicky of the car small bundles of Ganja wrapped in polythene sheet was
























































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