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2006 Supreme(Chh) 408

D.R.DESHMUKH
SHIVNATH SHAH – Appellant
Versus
STATE OF C. G. – Respondent


Advocates appeared:
Shri Awadh Tripathi, for the Appellants.
Shri M.P.S. Bhatia, Panel Lawyer, for the State.

JUDGMENT

1. The appellants have preferred this appeal, being aggrieved by the judgment dated 28-12-2005 delivered by the Special Judge (N.D.P.S. Act), Durg in Special Case No.02/2005 whereby the appellants were convicted order Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as the Act) read with Section-8(C) thereof and sentenced to rigorous imprisonment for 12 years each and a fine of Rs.1 lakh and in default to undergo rigorous imprisonment of three years. The appellants have preferred this appeal.

2. Brief facts are that on 30-12-2004 Sub Inspector M.K. Dhruv PW-7 of Police Station-Chhawni while on mobile checking at Power House, Bus Stand, Bhilai at about 6 P.M. received secret information that contraband ganja was being transported from Raipur in Tata Indica Car bearing Registration No.C.G.08/0139. He recorded the secret information at 06.10 P.M. vide Ex.P-17 and sent infoffi1ation thereof to his superiors vide Ex.P-18. Witness Siyaram Singh PW -1 and Vipin Singh PW-2 were summoned vide Ex.P-I to remain present at the time of raid. The Tata Indica Car bearing Registration No. C.G.-08/0139 coming from Raipur was intercep

































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