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2016 Supreme(Chh) 292

P.SAM KOSHY
Ashish Soni, S/o Shri Brijkishore Soni – Appellant
Versus
State of Chhattisgarh, through the District Magistrate, Ambikapur – Respondent


Advocates Appeared:
For the Appellant :Mr. Sunil Sahu, Advocate
For the Respondent: Ms. M. Asha, Panel Lawyer

JUDGMENT :

1. The Appellant stands convicted and sentenced to undergo R.I. for 10 years and to pay fine of Rs.1,00,000/- and in default of payment of fine amount to undergo additional R.I. for 1 year under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' in short), as ordered on 23.9.2015 by the Special Judge (NDPS Act), Ambikapur, District Surguja in Special Criminal Case No. 16 of 2014.

2. Brief facts of the case as per the prosecution is that on 3.7.2014 at around 6.00 pm, PW-7, V.K. Awasthi, the Investigating Officer, received a secret information in respect of the present Appellant involved in the selling of the contraband, brown sugar, and that he was looking for customers. Subsequently, after the completion of all the formalities under the NDPS Act, the police officials conducted a raid and in the presence of the witnesses caught the present Appellant and he was subjected to search near Kedarpur Mission Chowk. During the course of the search it was found that the Appellant in his pocket was carrying brown sugar weighing 10.410 gram. After completion of the mandatory statutory requirements under the NDPS Act, charge-sheet was filed and t








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