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2020 Supreme(Del) 35

VIBHU BAKHRU
Mohd Ali – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Azhar Qayum, Advocate, Narender Kumar, Advocate, Amit Gupta, Advocate, Vikas Negi, Advocate, Meenakshi Chauhan, Advocate

JUDGMENT :

VIBHU BAKHRU, J.

1. The appellants impugn the judgment dated 22.05.2017 passed Learned ASJ, Special Court (Central), NDPS Act, Tis Hazari Courts, whereby the appellants have been convicted for the offence under section 20(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'NDPS Act'). The appellants also impugn the order dated 26.05.2017, whereby they have been sentenced to rigorous imprisonment for a period of ten years and a fine of Rs. 1 lakh each, under section 20(ii)(C) of the NDPS Act. It was directed that in the event of default in payment of fine, appellant would undergo simple imprisonment for six months.

2. The impugned judgment was rendered in connection with a case arising from FIR no. 173/2014 under section 57 of the NDPS Act, registered with PS Hazrat Nizamuddin Railway Station. The case set up by the prosecution is that on the intervening night of 26/27.10.2014, the appellants went to Nizamuddin Railway Station to collect a parcel, which contained illicit substance. The appellants also possessed the Railway Receipt (bill/bilti) for the said parcel. The officials of Railway Protection Force (RPF), who were on patrolling duty, saw the

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