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2018 Supreme(Del) 1943

C.HARI SHANKAR
Binod Kumar @ Bindu – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Ms. Naomi Chandra, Adv.
For the Respondent: Mr. G.M. Farooqui, APP with SI Ramkishan, Crime Branch, Shakarpur, Delhi

JUDGMENT :

1. Vide the impugned judgment dated 3rd March, 2016, followed by order on sentence dated 10th March, 2016, the appellant stands convicted, by the learned Special Judge, NDPS, under Section 20 of the Narcotics Drugs and Psychiatric Substances Act, 1985 (hereinafter referred to as “the Act”), and sentenced to rigorous imprisonment for 12 years and fine of Rs.1,00,000/-, with default simple imprisonment of six months.

2. The relevant facts, as set out in the Special Report, submitted by SI Virender Singh (PW-15) under Section 57 of the Act, read thus:

“It is submitted that on 29/7/2012, secret information was received vide DD No.4 at 10:30 AM and after compliance of sec. 42 NDPS Act, a trap was laid near Monkey Bridge behind Red Fort, ring road, Kotwali, Delhi. At about 12 Noon one person namely Binod Kumar @ Bindu s/o Sumer Prasad r/o N-9 B/274, Jhuggi Lal Bagh, Azadpur, Delhi was apprehended along with a hired vehicle tempo No. DL 1 LL 9760, Notice U/S 50 NDPS act was served upon him and his legal rights were explained. After his refusal, search of the hired vehicle was












































































































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