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2023 Supreme(Del) 4330

ANISH DAYAL
Betty Rame – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Mr. Shiv Chopra, Ms. Aadhyaa Khanna, Mr. Siddharth Arora and Mr. Nikhil Srivastava, Advocates, for the Appellant.
Mr. Utkarsh Singh Bains, SPP with Mr. Sunil Kumar, Advocate, for the Respondent.

JUDGMENT

CRL.M.(BAIL) 1324/2022 IN CRL.A. 338/2021

1. This application has been filed seeking regular suspension of sentence in Crl. A. 338/2021 filed by the appellant assailing the judgment of conviction dated 25th August 2021 and order on sentence dated 28th August 2021 passed by the Ld. ASJ, Patiala House Courts in FIR No. VIII/09/DZU/2018 P.S. NCB. The appellant has been convicted and sentenced to RI for 10 years with a fine of Rs.1 lakh for the offence punishable under sections 22 (c) and 23 (c) NDPS Act. The appellant is a 38 years old lady who is a citizen of Zimbabwe and has already undergone 4 years, 11 months and 18 days in custody as per Nominal Roll dated 20th March, 2023.

2. Briefly, the prosecution case is that pursuant to secret information received on 2nd April, 2018 at about 7:30pm, one NCB team was constituted which apprehended one Zimbabwean lady on 2nd April, 2018 at about 8:30 pm at Terminal 1D, IGI Airport, New Delhi, who was going to board 9:40 pm IndiGo Flight No. 6E-505 inbound to Goa and on search of her baggage, two polyethene were recovered in each cavities containing crystalline substance. The colour, texture and property of material from both concealm

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