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2016 Supreme(Del) 4586

S.P.GARG
Anita @ Ruby – Appellant
Versus
State Nct. of Delhi – Respondent


Advocates Appeared:
For the Appellants :Mr. Vimal Puggal, Advocate with Ms. Rekha Dey and Mr. Siddharta, Advocates.
For the Respondents: Mr. Amit Gupta, APP.

JUDGMENT :

S.P. GARG, J.

1. Challenge in this appeal is a judgment dated 24.07.2013 of learned Special Judge (NDPS)/Addl. Sessions Judge (North-East) in Sessions Case No. 03/12 arising out of FIR No. 232/11 PS Crime Branch whereby the appellant Anita @ Ruby was held guilty for committing offence punishable under Section 21 (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'NDPS Act'). By an order dated 27.07.2013, she was sentenced to undergo RI for ten years with fine Rs. 1 lac.

2. Briefly stated, the prosecution case as unfolded in the charge-sheet was that on 13.09.2011 at about 03.20 p.m. at footpath, ISBT road Shastri Park near IT Park, the appellant was found in possession of 1 kg. of heroin without licence or permit.

3. On 13.09.2011 at around 01.30 p.m. PW-2 (HC Kanwar Pal) received a secret information that the appellant would come at ISBT road near IT Park, Shashtri Park to supply heroin to 'someone'. HC Kanwar Pal produced the secret informer before PW-9 (SI Sunil Kumar) who in turn produced him before PW-5 (Insp.Rajesh Sharma). After recording satisfaction about the secret information, Insp. Rajesh Sharma intimated about this to Addl. DCP/ SIT Joy Tirk




















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