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2006 Supreme(Del) 2314

SHIV NARAYAN DHINGRA
SIDDIQUA – Appellant
Versus
NARCOTICS CONTROL BUREAU – Respondent


Advocates Appeared:
HARJINDER SINGH, Satish Agarwal, SEEMA JUNEJA, SHIKHA TYAGI, Yogesh Kumar Saxena


SHIV NARAYAN DHINGRA, J.

( 1 ) THIS appeal has been preferred by the appellant, challenging the judgment dated 31st January, 2002 of the Special Judge, narcotic Drugs and Psychotropic Substances act ( in short 'the NDPS Act') whereby the learned Special Judge found the appellant guilty of offence under Section 21 (c) of the ndps Act and against the order on sentence dated 4th February, 2002 whereby the appellant was sentenced to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1 lac and in default, the appellant to further undergo Simple Imprisonment for six months.

( 2 ) BRIEF facts relevant for purposes of deciding this appeal are as under. The Assistant director, Narcotic Control Bureau (NCB) Mr. S. Sharma received a secret information, which he reduced into writing (Ex. PW1/b) on 25. 3. 1998, that one woman named Siddika would be reaching outside Zoological Garden, mathura Road at around 2 pm to deliver a consignment of 5 kg of heroin. He, thereafter, put up this information before his immediate superior officer, Deputy Director Mr. Mukesh khullar, who directed him to organize a surveillance and take action on the basis of information. Mr. Shrama instructed























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