S.MURALIDHAR
Frank Kingsley Ugochukwu – Appellant
Versus
Directorate of Revenue Intelligence – Respondent
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
Noor Aga v. State of Punjab (2008) 16 SCC 417
Krishna Mochi v. State of Bihar AIR 2002 SC 1965
Inder Singh v. State (Delhi Administration) AIR 1978 SC 1091
Bahadur Singh v. State of Haryana 2010 (4) SCC 445
Madan Lal v. State of Himachal Pradesh 2003 (3) JCC 1330
Jagdish Budhroji Purohit v. State of Maharashtra (1998) 7 SCC 270
Megh Singh v. State of Punjab 2003 (8) SCC 666
Devchand Kalyan Tandel v. State of Gujarat 1996 (6) SCC 255
Shah Guman Mal v. The State of Andhra Pradesh AIR 1980 SC 793
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