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2015 Supreme(Del) 496

S.P.GARG
Mohd. Masoom – Appellant
Versus
State of NCT of Delhi – Respondent


Advocate Appeared
For the Appellants:Rajni Singh, M.L. Yadav, Advocates.
For the Respondents: M.N. Dudeja, APP for Lovkesh Sawhney, APP.

Judgment

1. Mohd.Masoom (A-1) and Raju Dawar (A-2) impugn a judgment dated 30.06.2011 of learned Addl.Sessions Judge / Special Judge (NDPS) Dwarka Courts, New Delhi, in Sessions Case No. 02/2/10 arising out of FIR No.199/09 PS Crime Branch, by which they were held guilty under Section 29 & 21 read with Section 23 of NDPS Act. By an order dated 30.07.2011, they were sentenced to undergo RI for ten years each with fine Rs.One lac each, under Section 29 of NDPS Act; RI for ten years each with fine Rs.One lac each, under Section 21 read with Section 23 of NDPS Act. The substantive sentences were to operate concurrently.

2. The prosecution case as reflected in the charge-sheet was that on 26.11.2009 at 09.30 a.m., Insp.Sunil Kumar received a secret information in his office at Inter State Cell, Crime Branch, to the effect that A-2 who was in contact with drug smugglers / peddlers from Afghanistan would receive a huge consignment of drugs from Afghan Nationals, who would arrive at IGI Airport at 01.00 p.m. by Ariana Airlines. Insp. Sunil Kumar shared the secret information with senior officers and produced the secret informer before ACP, who after verification of the information directed









































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