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2022 Supreme(Chh) 153

SANJAY K.AGRAWAL, RAJANI DUBEY
Buchhiraju Indukuri S/o Venkatraju – Appellant
Versus
State of Chhattisgarh Through District Magistrate, Jagdalpur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Devershi Thakur, Advocate
For the Respondent: Mr.Sudeep Verma, Dy.G.A.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of the CrPC is directed against the judgment of conviction recorded against the appellants herein for offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') and sentence awarded them for rigorous imprisonment for 15 years and fine of Rs.2,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for three years each.

2. Case of the prosecution, in brief, is that on 26.8.2010 two appellants herein and one co-accused Maddal Baji (who died during the pendency of the trial) at 1 p.m. near forest Naka, Darbha, P.S. Darbha passing through the truck bearing registration No.AB 07 x 3859 and on search made by the police, the appellants were found in possession 24 quintal 68 kilograms ganja (narcotic substance) in 81 bags, which they transporting and thereby committed the offence. It is further case of the prosecution that on 26.8.2010 Inspector Mahendra Kumar Dhruw, who was posted as Station House Officer of Police Station Darbha at that point of time (who died during the pendency of trial) received secret information fr

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