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2008 Supreme(Del) 765

S.MURALIDHAR
Rehmatullah – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: H.M. Singh, Adv.
For Respondents/Defendant: Satish Aggarwala, Sr. Standing Counsel
Subject: Narcotics

JUDGMENT

S. Muralidhar, J.

1. These appeals are directed against the common judgment dated 1st December 2004 passed by the learned Special Judge in SC No. 45 of 2004 convicting the Appellants for the offence under Section 29 read with Section 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and order dated 13th December 2004 sentencing them to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lakh each and in default of payment of fine to undergo simple imprisonment for one year.

2. On 21st December 1999, at around 2 pm a secret information was received by the Narcotics Control Bureau (NCB) through a source that approximately 80 kgs of heroin had been dispatched by Yakub by truck bearing No. GJ-8T 4417. Gom Singh @ Ram Singh along with the driver of the truck was to hand over the heroin to Noor Haider and Mohd. Gani. A raid team was constituted and the truck was intercepted at about 8.30 pm on the same date on National Highway No. 8 near Rajokri Chowk. One person was sitting in the cabin and another was standing near the truck with a bag. A stationary car No. DL-3SC F 4593 with the boot open was intercepted. An Afghani national was foun







































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