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2018 Supreme(Del) 1533

MUKTA GUPTA
SARWAN KUMAR – Appellant
Versus
STATE – Respondent


Advocates Appeared:
For the Appellant :Mr. Akshay Bhandari, Advocate.
For the Respondent: Mr. Ashok K. Garg, A.P.P. with SI Bacha Singh, PS Kotwali.

JUDGMENT :

MUKTA GUPTA, J.

1. The present appeal is directed against the judgment dated 19th March, 2016 passed by the learned Special Judge, NDPS whereby appellant was convicted for the offence punishable under Section 20(c) of Narcotics Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). Vide order on sentence dated 29th March, 2016, he was sentenced to undergo rigorous imprisonment for a period of fifteen years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo simple imprisonment for one year for the offence punishable under Section 20(c) of NDPS Act.

2. Assailing the conviction, learned counsel for the appellant submits that there is non-compliance of Section 42 NDPS Act and its proviso and no information in writing giving the grounds of belief that a search warrant cannot be taken was complied with. Reliance is placed upon the decisions of Supreme Court reported as (2002) 9 SCC 363 Chhunna alias Mehtab v. State of M.P. and MANU/SC/1008/2014 State of Rajasthan v. Chhagan Lal. It was further urged that there was contradiction with regard to deposit of case property. There was difference in the weight of samples. On 18th December













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