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2020 Supreme(Del) 998

VIBHU BAKHRU
Santini Simone – Appellant
Versus
Department of Customs – Respondent


Advocates Appeared:
Akshay Bhandari, Advocate, Satish Aggarwala, Advocate, Amit Gupta, Advocate, Lalit Chari, Advocate, Shri Wad, Advocate

JUDGMENT

Vibhu Bakhru, J. - The appellant has filed the present appeal impugning a judgment dated 14.09.2017, whereby the Special Court convicted the appellant of an offence punishable under Section 20(b)(ii)(C) of the Narcotics and Psychotropic Substances Act, 1985 (hereafter ''NDPS Act'') on account of being found in possession of 4.235 kgs of charas. The appellant was also held guilty of committing an offence under Section 23(c) of the NDPS Act, for attempting to export the illicit substance. By an order dated 21.09.2017, which is also impugned in this appeal, the appellant was sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs. 1,00,000/- and in default of the fine, to undergo simple imprisonment for a further period of four months for committing the offence punishable under Section 20(b)(ii)(c) of the NDPS Act. He was awarded a similar sentence for committing the offence punishable under Section 23(c) of the NDPS Act. Both the sentences were directed to run concurrently. It was further directed that after completion of the aforesaid sentence, the appellant be deported to his native country.

2. It is the prosecution''s case that on 27.02.2012,

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