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2023 Supreme(Chh) 278

ARVIND SINGH CHANDEL
Karunakar Sahu S/o Kustochand Sahu – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Anil Tripathi, Vikash Pradhan.
For the Respondent: Ishwar Jaiswal.

JUDGMENT :

ARVIND SINGH CHANDEL, J.

1. The instant appeal has been preferred by the accused persons against judgment dated 16.2.2018 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth ‘the NDPS Act’) Saraipali, District Mahasamund in Special Criminal Case No. 14 of 2016, whereby the accused persons/Appellants have been convicted and sentenced as under:

Conviction

Sentence

Under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985

Rigorous imprisonment for 10 years and fine of Rupees One Lakh, in default of payment thereof, additional rigorous imprisonment for 2 years

2. Case of the prosecution is that on 30.8.2015 K.B. Dwivedi (PW-12), who was Station House Officer of Police Station Saraipali along with staff members and witnesses Babulal (PW-3) and Sarthi Sao (PW-6) were searching suspicious vehicles near Village Baitari at about 9 AM. A suspicious vehicle/car bearing Registration No. OD-05C-9973, which was coming from Odisha side, reached there. When a signal was given to stop

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