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2022 Supreme(Del) 1947

MUKTA GUPTA
Stephen – Appellant
Versus
State – Respondent


Advocates appeared:
Rajiv Bajaj, Advocate, for the Appellant in CRL.A. 147/2016 CRL.M.(BAIL) 8037/2020.
Harsh Prabhakar, Ms. Anjana Prabhakar and Anirudh Tanwar Advocates, for the Appellant in CRL.A. 419/2016 CRL.M.(BAIL) 1638/2018 & CRL.M.(BAIL) 874/2021.
Rakhi Dubey,

JUDGMENT

Mukta Gupta, J.

1. By these appeals, the appellants challenge the common impugned judgment dated 18th November, 2015 convicting the appellants for offence punishable under Section 23(c) NDPS Act read with Sections 28 and 29 of the NDPS Act. Appellant Ude Stanely Chidi was also convicted for offence punishable under Section 21(c) NDPS Act for being found in possession of 255 grams of heroin at his residence. Vide the order on sentence dated 21st November, 2015 the appellants were awarded rigorous imprisonment for 10 years and a fine of Rs.1 lakh for offence punishable under Section 23 read with Sections 28 & 29 NDPS Act and Ude Stanely Chidi was also awarded rigorous imprisonment for 10 years and fine of Rs.1 lakh for offence punishable under Section 21(c) NDPS Act and both the sentences awarded to Ude Stanely Chidi were to run concurrently.

2. Learned counsel for Ude Stanely Chidi states that the appellant has been wrongly convicted. Despite the fact that the premises of the petitioner was searched pursuant to the information, no videography or photography of the spot or even the residence was conducted to lend credence to the version of the investigating agency. Rajesh K

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