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2015 Supreme(Del) 513

SUNITA GUPTA
Jagjeet Singh @ Raju – Appellant
Versus
State NCT of Delhi – Respondent


Appearing Advocates:
For the Appellant:Ajit Sharma, (DHCLSC) Advocate.
For the Respondent: Ritu Gauba, APP.

Judgment :-

1. Challenge in this appeal is to the judgment dated 4th September, 2012 and order on sentence dated 12th September, 2012 passed by learned Special Judge, NDPS, South and South East in Sessions Case No. 05A/10 arising out of FIR 399/2009 u/s 15/25/29 NDPS Act, Police Station Badarpur vide which the appellant was convicted for offence punishable u/s 15(c), 25 and 29 NDPS Act and was sentenced to undergo rigorous imprisonment for a period of 10 years each and fine of Rs.1,00,000/- each for all the offences, in default to undergo simple imprisonment for a period of two months each. All the sentences were to run concurrently. Benefit of Section 482 Cr.P.C. was given to the convict.

2. Prosecution case, in brief, is that on 21st December, 2009, Head Constable Rajender Singh, Head Constable Ram Avtar and Constable Dharampal of Police Station Badarpur were on duty on a checking picket at the Badarpur Border and they were checking the vehicles coming to Delhi from the side of Haryana. At about 7:20 pm a Mahindra Logan vehicle bearing registration No. PB-10CF-0733 came from the side of Haryana and was stopped for checking. As soon as vehicle was stopped, the driver of the vehicle















































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