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2022 Supreme(Chh) 297

SANJAY K.AGRAWAL, SANJAY S.AGRAWAL
Chandrabhan Yadav, S/o Jagdhari Yadav – Appellant
Versus
State of Chhattisgarh – Respondent


Advocate Appeared:
For the Appellants :Mr. Arjun Lal Singroul, Mr. Dhiraj Kumar Wankhede, Mr. Sahil Singh and Mr. Pranay Golchha, Advocates.
For the Respondent:Mr. Sameer Oraon, Mr. Sudeep Verma, Deputy Government Advocate

JUDGMENT :

1. Chandrabhan Yadav - sole appellant in Cr.A.No.199/2019; three appellants in Cr.A.No.667/2019 namely Vijay Agrahari, Ramkaran Verma & Smt. Kanchan Bai; and Rakesh Verma - sole appellant in Cr.A.No.235/2019 have preferred these three criminal appeals under Section 374(2) of the CrPC against their conviction by the impugned judgment dated 19-12-2018 by which they have been convicted for offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’) and sentenced to undergo rigorous imprisonment for eleven years and to pay a fine of Rs. 1,10,000/- each, in default of payment of fine to further undergo rigorous imprisonment for three years.

2. Since all the three criminal appeals have arisen out of one and same judgment dated 19-12-2018 passed by the Special Judge (NDPS Act), Surguja (Ambikapur), District Surguja, in one Special Criminal (NDPS) Case No.10/2015 and since common question of fact and law is involved in all the three appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

3. All the five appellants in three appeals were charged for the offence under Sec

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