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2016 Supreme(Del) 4476

S.P.GARG
Bheru Lal – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjeev Bhatnagar, Ms. Rupi Sagar
For the Respondent: Ms. Meenakshi Dahiya

JUDGMENT :

S.P. Garg, J.

1. Aggrieved by a judgment dated 26.02.2014 of learned Special Judge (NDPS)/Addl. Sessions Judge in Sessions Case No. 66/12 arising out of FIR No. 214/12 PS Crime Branch by which the appellants – Bheru Lal (A-1) and Narayan (A-2) were convicted for committing offences punishable under Section 18(b) and 18(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'NDPS Act'); they have preferred the instant appeals. By an order dated 28.02.2014, A-1 was sentenced to undergo RI for fifteen years with fine Rs.1.5 lac; default sentence being SI for one year. A-2 was sentenced to undergo RI for four years with fine Rs.1 lac; default sentence being SI for one year.

2. Briefly stated, the prosecution case, in nutshell, as set up in the charge-sheet was that on 26.08.2012 at around 05.40 P.M. at Service Road, Ring Road in front of Water Treatment Plant, Industrial Area Lawrence Road, MCD Shamshan Ghat, Shakur Pur, Delhi, the appellants were found in possession of 3.470 kg and 1.30 kg of opium respectively in the bags carried out by them on their shoulders.

3. Prosecution case is that on 26.08.2012 at around 12.40 a.m. PW-12 (HC Veerpal) received a secret i



































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