Nitesh Amrut Bhai Patel vs Narcotic Control Bureau

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
VIBHU BAKHRU
Nitesh Amrut Bhai Patel – Appellant
Versus
Narcotic Control Bureau – Respondent

Table of Content
1. appellants challenge conviction based on inadequate evidence. (Para 1 , 2)
2. facts related to the narcotics parcel delivery. (Para 3 , 4 , 5 , 6 , 7 , 18)
3. evaluation of evidence and flaws in investigative process. (Para 26 , 27 , 29)
4. validity and evidentiary value of statements under ndps act. (Para 84 , 86)
5. appeal granted; appellants acquitted of all charges. (Para 120 , 121)

JUDGMENT

Vibhu Bakhru, J. The appellants in the present set of appeals impugn the judgment dated 29.07.2017 (hereafter the impugned judgment) passed by the Learned ASJ, Patiala House Courts, New Delhi, whereby the appellants have been convicted for the offence punishable under Section 23 read with Section 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellants also impugn an order dated 29.07.2017 (hereafter the impugned order), whereby they have been sentenced to undergo Rigorous Imprisonment for ten years with a fine of Rs.1,00,000/- each for the offences punishable under Section 23 read with Section 29 of the NDPS Act. And, in case of default of payment of fine, to undergo Simple Imprisonment for a further period of fifteen days.

2. The appel

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DELHI HIGH COURTVIBHU BAKHRUNitesh Amrut Bhai Patel – AppellantVersusNarcotic Control Bureau – Respondent

DELHI HIGH COURT
VIBHU BAKHRU
Nitesh Amrut Bhai Patel – Appellant
Versus
Narcotic Control Bureau – Respondent