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2016 Supreme(Pat) 1438

GOPAL PRASAD
Shiv Shankar Dixit @ Kallu @ Kalu S/o Dinanath Dixit – Appellant
Versus
Union of India through the Commissioner Customs – Respondent


Advocates Appeared:
For the Appellant : Mr. Prakash Tewari.
For the Respondents: Mr. S.D. Sanjay, Mr. Rakesh Kumar Sinha and Mrs. Priya Gupta.

JUDGMENT :

Gopal Prasad, J.

1. The sole appellant has been convicted for the offence under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the Act") and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 1,00,000/- and in default of payment of fine to undergo rigorous imprisonment for six months. He has further been convicted for the offence under Section 23(c) of the Act and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 1,00,000/- and in default of payment of fine to undergo rigorous imprisonment for six months. However, it has been ordered that both the sentences shall run concurrently.

2. The prosecution case is that the informant Arvind Kumar Mishra (PW-1), who happens to be the Inspector, Land Custom Station, Raxaul, filed an official complaint under Section 36A of the Act, alleging therein that acting on an specific information, that a tank-lorry bearing registration no. WB-39/8823 concealing contraband Ganja in the chambers of the tank-lorry was expected to cross Indian Boarde
















































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