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2023 Supreme(Gau) 941

MITALI THAKURIA
Batungsi Rai @ Bakamlu Pul and Ors. W/o Sri Arun Rai – Appellant
Versus
State Of AP Represented by the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S K Deori
For the Respondent: Ms. L. Hage, Addl. P. P. of A.P.

JUDGMENT & ORDER :

Heard Mr. S. K. Deori, learned counsel for the appellants. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent.

2. This is an appeal filed under Section 374(2) of the Code of Criminal Procedure against the impugned judgment and order dated 23.03.2023, passed by the learned Special Judge (NDPS), Tezu, in NDPS Case No. 01(LDV)/2016, convicting the accused appellant under Section 17(b) of the NDPS Act, 1985, and sentenced him to undergo Rigorous Imprisonment for 7 (seven) years and to pay fine of Rs. 50,000/- in default Simple Imprisonment for 6 (six) months.

3. The brief facts of the prosecution case is that on 12.06.2015, at about 1430 hours, one written F.I.R. was submitted by Sub-Inspector S. M. Singha before the Officer-In-Charge, Roing Police Station, alleging inter alia that 2-3 numbers of ladies, who supply opium in Roing Township area, are likely to reach Roing by State Transport Bus from Tezu with huge quantity of opium to supply to their customers. On receipt of the information, at 10.30 hours, a police team led by S.I. S. M. Singha went to the State Transport Office premises at Roing and nabbed 3 (three) ladies, namely, (i)

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