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2018 Supreme(Gau) 94

MIR ALFAZ ALI
Joginder Singh S/o Shri Ishar Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: MR. K MEDHI
For the Respondent: MRD C. CHAKRABORTY

JUDGMENT :

MIR ALFAZ ALI, J.

1. Both these appeals are directed against the judgment and order dated 15.05.2014 passed by the learned Addl. Sessions Judge, No. 2, Kamrup (M) at Guwahati in NDPS Case No. 33/2013. By the said judgment, learned Addl. Sessions Judge convicted both the appellants under Section 20(b)(ii)(C) read with Section 29 of the NDPS Act and sentenced them to RI for 10 (ten) years and to pay a fine of Rs. 1,00,000/- with default stipulation.

2. As per the prosecution case, on 05.03.2013, Shri B.P Jaisi, the Superintendent (Anti Smuggling), Guwahati Customs Division received a secret information that a truck bearing registration No. JK-02-AS-7135 loaded with ganja concealed under the bamboo chips was proceeding from Jiribam towards Kolkata via Tezpur, Mangaldoi and Baihata Chariali. Accordingly, Shri B.P Jaisi reduced the secret information in writing and sent a copy of the said information to his superior officer being the Deputy Commissioner of Customs, Guwahati Division. A team of custom officials was constituted to pursue the information. On the next day in the early morning, the team of NCB headed by Shri BP Jaisi reached Baihata Chariali and kept watch on the roa























































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