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2024 Supreme(Gau) 441

MALASRI NANDI
Vikky Pachauri @ Vikash Pachauri And Anr. S/o Shri Basu Ram Pachauri – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. N Ahmed
For the Respondent: SC, Customs

 

 

2. Both the accused appellants have preferred this Criminal Appeal under Section 374(2) of the Cr.P.C., 1973 against the judgment and order dated 22.12.2020 passed by the learned Additional Sessions Judge, No.1, Kamrup(M), Guwahati in NDPS Case No. 62/2015 (arising out of Custom Case No. 01/CL/NARC/AS/GAU/2015-16) whereby the appellants have been convicted under Section 20(C) read with Section 29 of NDPS Act and sentenced them to undergo rigorous imprisonment for 10 (ten) years each and to pay a fine of Rs.1,00,000/-(Rupees one lakh) each and in default of payment of fine, to undergo simple imprisonment for 6 (six) months each.

3. The brief facts of the case is that the Inspector of Custom, Guwahati lodged a complaint stating inter alia that on 15.06.2015 they received an information that a twelve wheeler truck bearing No.UP-65-CT/0717 loaded with ganja proceeded outside the State through Baihata Chariali area on 16.06.2015 and accordingly the vehicle was intercepted with the help of other officials near Baihata Chariali police point. Two persons were found inside the truck, the driver introduced himself as one of the appellant Vikky Pachouri and another appellant Anand Patel intr

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