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2023 Supreme(Chh) 564

RAMESH SINHA, NARESH KUMAR CHANDRAVANSHI
Arun Kumar Jatav – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Yogesh Chandra Pandey, Advocate
For the Respondent: Mr.Avinash Singh, Panel Lawyer

JUDGMENT :

Ramesh Sinha, J.

1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment dated 27.12.2021 passed by the Special Judge (NDPS Act), Raipur in Special Case No.10/2018 by which the appellant has been convicted for offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') and sentenced him undergo rigorous imprisonment for 12 years and fine of Rs.1,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for 1 year.

2. Case of the prosecution, in brief, is that on a secret information received from the informant on 18.11.2017 to Assistant Sub Inspector Police Station, Arang that one Scoda Car registration No.HR 26 AQ 9765 bearing red colour upon the number plate of it written ‘MAHA SACHIV’ in which two unknown persons carrying Ganja inside the dickey and beneath the seats, are coming from Saraipali towards Arang and within one hour they will reach Arang. The said police official recorded the secret information panchnama vide Ex.P-16 and thereafter served notice under Section 160 CrPC to the witnesses Naval Kishor and Keshav Vaishnav vide Ex.P

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