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2015 Supreme(Del) 1954

ASHUTOSH KUMAR
GOVINDRAJ AMUTHA – Appellant
Versus
CUSTOMS – Respondent


Advocate Appeared:
For the Petitioner:Mr. Ashwin Vaish, Mr. Vinod Pandey and Mr. V. Thomas, Advocates
For the Respondents:Mr. Rahul Mehra, Standing Counsel (Crl.) with Jamal Akhtar and Mr. Amrit Singh, Advs. for the State Mr.Satish Kumar, Senior Standing Counsel for respondent

JUDGMENT :

ASHUTOSH KUMAR, J.

1. Mrs.Govindraj Amutha questions the validity and tenability of the judgment and order of conviction dated 27.9.2014 passed by the learned ASJ/Special Judge, NDPS, Dwarka Courts, New Delhi in S.C No.4/3/13 whereby she has been convicted under Sections 22/23 read with Section 28 of the NDPS Act, 1985 and has been sentenced to undergo Rigorous imprisonment for 10 years, fine of Rs.1 lakh and in default of payment of such fine, simple imprisonment for six months for the offence under Section 22 read with Section 28 of the NDPS Act, 1985 and rigorous imprisonment for 10 years, fine of Rs. 1 lakh (in default simple imprisonment for six months) for offence under Section 23 read with Section 28 of the NDPS Act, 1985, the sentences having been ordered to run concurrently with the benefit of Section 428.

2. It has been contended on behalf of the petitioner that the fundamental right of the petitioner has been violated in as much as even though she had pleaded not guilty and had claimed to be tried, the Trial Court on the basis of a letter submitted by the petitioner in desperation, pleading guilty in a way, convicted the appellant without application of mind or f


































































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