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2024 Supreme(Chh) 148

RAMESH SINHA
Mohd. Fajal S/o Shri Mohd. Kamaruddin – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Shailendra Dubey alongwith Ms. Shivali Dubey, Advocate as well as Mr. Prashant Dansena, Mr. Rishi Rahul Soni, Advocate.
For the Respondent:Mr. Ranbir Singh Marhas, Additional Advocate General.

Order :

Ramesh Sinha, Chief Justice

1. Challenge in these appeals is to the judgment of conviction and order of sentence dated 06.09.2012 passed by the learned Special Judge NDPS, Korba, District Korba, in Special Criminal Case No. 11/2012, by which the learned trial Court has convicted and sentenced the appellants as under:-

CONVICTION

SENTENCE

U/s 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the N.D.P.S. Act.)

Sentenced him to undergo rigorous imprisonment of 10 years with fine of Rs. 1,00,000/- in default to payment of fine, additional rigorous imprisonment for 02 years.

2. Case of the prosecution, in nutshell, is that while vehicle checking on 12.12.2011, the Police of Police Station – Pali, District Korba, received information from the secret informer that the contraband article Ganja was illegally being transported for the purpose of sale in vehicle Indica Car bearing registration number OR 16-C-9714. The said information was forwarded to the higher authorities. After receiving direction for conducting proceedings, the said vehicle Indica Car No. OR 16-C-9714 was intercepted and search was made. In search of the

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