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2022 Supreme(Del) 1529

MANOJ KUMAR OHRI
Mohamed Anas – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Mr. A. Raj Narayanan, Advocate, for the Appellant; Mr. Rajesh Manchanda, Spp For; Ncb/Respondent, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. - The present appeal has been preferred under Section 374 Cr.P.C. on behalf of the appellant assailing the judgment on conviction dated 11.06.2021 and the order on sentence dated 16.06.2021 passed by the learned Special Judge (NDPS), Patiala House Courts, New Delhi in SC No. 64/2019.

2. Vide the impugned judgment, the appellant was convicted for the offence punishable under Section 20(b)(ii)(B) read with Section 23(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as the 'NDPS Act'). By way of the impugned order, the appellant was sentenced to undergo Rigorous Imprisonment for a period of 04 years, alongwith payment of fine of Rs.50,000/-, in default whereof, to further undergo Simple Imprisonment for a period of 06 months. The benefit of Section 428 Cr.P.C. was extended to the appellant.

3. Brief facts of the case, as noted by the Trial Court, are as under:-

    1. Prosecution case in brief is that IO Virender Kumar on 04.12.2018 at around 2230 hours received an information that accused Mohd. Anas, Sri Lankan national travelling to Muskat by Jet Airways was detained by officials of CISF and suspected to carry narcotic

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