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2014 Supreme(Del) 2597

S.MURALIDHAR
Frank Kingsley Ugochukwu – Appellant
Versus
Directorate of Revenue Intelligence – Respondent


Advocates:
Advocate Appeared:
For the Appellants:Yogesh Saxena, Advocate.
For the Respondent:Satish Aggarwala, Advocate.

Judgment

1. This appeal is directed against the judgment dated 14th July 2010 passed by the learned Special Judge in SC No.26-A/2006 convicting the Appellants under Section 21(c) and Section 29 read with Section 21 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (‘NDPS’) and the order on sentence dated 17th July 2010 whereby each of them were sentenced to undergo rigorous imprisonment (‘RI’) of ten years and fine of Rs.1,00,000 each and in default to undergo simple imprisonment for three months for each of the offences under Section 21(c) and 29 of the NDPS Act. The sentences were directed to run concurrently.

The case of the prosecution

2. Mr. Kamal Kumar (PW-1), Intelligence officer, attached to the Headquarters, Directorate of Revenue Intelligence (‘DRI’), received a secret information on 23rd October 2005 that two African nationals would go from Hazrat Nizamuddin railway station to Bombay at about 4.55 pm, by August Kranti Express and would be carrying narcotic drugs concealed in six bags carried by them. The said information was reduced to writing (Ex.PW1/A) and submitted to Vinod Kumar, Deputy Director (PW-7) who in turn directed Jyotimon Dethan (PW-9), Investigating







































































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