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2013 Supreme(Chh) 347

GOUTAM BHADURI
Anil @ Kalu – Appellant
Versus
State of C. G. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. D.K. Naik, Mr. Sunil Otwani, Advocates in Cr. A. No. 825/2011 and Mr. Ranbir Singh Marhas, Advocate in Cr. A. No. 922/2011
For Respondents/Defendant:Mr. Akhil Mishra, Govt. Advocate

JUDGMENT

Goutam Bhaduri, J.

1. Both the appeals arise out of the Judgment/order dated 19.10.2011 passed in Special Criminal Proceedings No. 04/2010 by Special Judge, Dhamtari, whereby the appellants have been convicted under Section 15(c) of the Narcotic Drugs Psychotropic Substance Act, 1985 (for short 'the NDPS Act') and sentenced to under go R.I. for 10 years and fine of Rs. 1,00,000/- each, in default of payment of fine, to further undergo R.I. for 3 years. Since the issues involved in both the cases are one and same and further looking to the identical evidence which has come on record, these appeals are being disposed of by this common order. The prosecution case in brief is that on 01.04.2010 at about 18.08 hours one Ramesh Sahu, who was working with District Crime Branch, Dhamtari as Assistant Sub Inspector was on his duty on patrolling at Dhamtari. During such patrolling, he received an information that Vimalchand Jain and Anil Wadhwani, were grinding Opium Poppy, Doda (Posta) in the house/mill of Vimalchand Jain. Having received such information, the panchnama was prepared as Ex./P-1 and the information was sent to Sub Divisional Officer (Police), Dhamtari by Ex./P-17. Ther




























































































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