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2021 Supreme(Del) 1986

VIBHU BAKHRU
Mohd Shahid @ Mohd Sahid – Appellant
Versus
State NCT Of Delhi – Respondent


Advocates appeared:
Sumit Sharma, Advocate, Meenakshi Chauhan, Advocate

JUDGMENT

Vibhu Bakhru, J. - The appellants have filed the present appeals impugning a judgment dated 19.07.2017 passed by the Special Judge (NDPS), South District, Saket Courts, whereby the appellants were convicted for the offence punishable under Section 21(c) of the Narcotics, Drugs and Psychotropic Substances Act, 1985 (hereafter the 'NDPS Act'). The Trial Court found that the prosecution had established that the appellants were found in possession of commercial quantity of Heroin, without any permission or license under the NDPS Act.

2. The appellants also impugn an order on sentence dated 09.08.2017, whereby they were sentenced to ten years of rigorous imprisonment for the offence punishable under Section 21(c) of the NDPS Act along with a fine of Rs. 1 lakh and in default of payment of fine, to undergo six months of simple imprisonment.

3. The prosecution's case is that on 09.06.2011 at about 09:30 am, SI Rajbir Singh received secret information that two persons namely Amir Khan (a resident of Madhya Pradesh) and Mohd. Shahid (a resident of Rajasthan) are engaged in supplying Heroin and they will supply Heroin to someone between 11:30 am and 12:30 pm on the pavement of I.P. par

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