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2016 Supreme(Del) 2288

S.P.GARG
PRAHLAD MEENA – Appellant
Versus
STATE (NCT OF DELHI) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Sanjiv Kumar, Sr.Advocate with Mr.S.K.Santoshi, Advocate.
For the Respondent: Mr.Vinod Diwakar, APP with SI Dinesh Kumar.

JUDGMENT :

S.P. GARG, J.

1. Challenge in this appeal is a judgment dated 15.01.2013 of learned Special Judge (NDPS), Delhi in Sessions Case No.42/2009 arising out of FIR No.90/09 PS Narcotics Branch whereby the appellant – Prahlad Meena was held guilty for committing offence punishable under Section 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (In short ‘NDPS Act’). By an order dated 15.01.2013, he was sentenced to undergo RI for ten years with fine Rs.1 lac.

2. Briefly stated, the prosecution case as set out in the charge-sheet was that on 16.06.2009 at about 11.15 a.m. the appellant was found in unlawful possession of 1.7 kg of Heroin concealed in a striped raxine bag, containing 3.2% diacetylmorphine and 1.2% phenobarbital on road in front of main gate of Ramleela ground, Turkman Gate, Delhi.

3. On 16.06.2009 at around 09.45 a.m. PW-8 (SI Sunil Kumar) received a secret information at the office of Narcotics Cell to the effect that the appellant – Prahlad Meena r/o Distt. Bara (Rajasthan) involved in supply of Heroin and opium in bulk quantities in the areas of Delhi, U.P. and Punjab would come to supply Heroin to one Bablu in front of main gate Ramleela ground, Turk



















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