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2021 Supreme(Chh) 111

GAUTAM CHOURDIYA
Duryodhan Nag S/o Chandan Nag – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Vikash Shrivastava.
For the Respondent: Shri Sameer Uraon.

JUDGMENT :

GAUTAM CHOURDIYA, J.

1. This appeal arises out of the judgment of conviction and order of sentence dated 24.09.2018 passed by the Special Judge (Narcotic Drugs and Psychotropic Substances Act, 1985), Kondagaon, District Kondagaon (C.G.) in Special Case No. 01 of 2015, whereby the appellant stands convicted and sentence as under:-

Conviction

Sentence

Under Section 20 (B) (ii) (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’)

R.I. for four years and pay a fine of Rs. 25,000/- in default of payment to further undergo R.I. for six months

2. The allegation against appellant Duryodhan Nag is that on 11.12.2014, 7 Kg and 100 gram of ganja was found in possession of the appellant in his bag.

3. Facts of the case, in brief, are that on 11.12.2014 PW-6 Narad Kumar Suryavanshi, Inspector/S.H.O. who was posted at Police Station Farasgaon at the relevant time, received secret information from the informant that three persons (present appellant and two others), who were residents of Orrisa, were having

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