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2007 Supreme(Del) 716

SHIV NARAYAN DHINGRA
PEERASWMI – Appellant
Versus
STATE NCT OF DELHI – Respondent


Advocates Appeared:
K.C.CHOPRA, Nirmal Chopra, RICHA KAPOOR


SHIV NARAYAN DHINGRA, J.

( 1 ) BY this common judgment, I shall dispose of above two appeals preferred against the common judgment dated 10. 04. 2006 passed by learned Special judge under Narcotic Drugs and Psychotropic Substances Act (in short "the Act")whereby he convicted both the appellants under Section 20 of the Act. Both appellants are husband and wife. Appellant Peeraswmi was sentenced to undergo imprisonment for six months since the quantity allegedly recovered from him was only. 035 gms of smack being a small quantity. The learned Special Judge, however, sentenced appellant Chambai to undergo Rigorous Imprisonment for 10 years and fine of Rs. 1 lac since the alleged recovery of charas made from her was about 5" kg , being commercial quantity.

( 2 ) BRIEFLY, facts relevant for purpose of deciding these two appeals are that Sub Inspector Raj Kumar, posted in Special Staff South Delhi, received a secret information through a secret informer that Peeraswmi and his wife Chambai used to deal in charas and smack at their residence X-309, Camp No. 1, J. J. Colony, Nangloi, Delhi. He reduced this information into writing vide DD No. 4 (Ex. PW5/a) and disclosed this information t















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