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2005 Supreme(Raj) 2307

S.P.PATHAK
Mukesh Kumar Sharma – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. Anil Kaviraj, for the Accused-appellant Mukesh Kumar.
Mr. Sandeep Mehta, for the Accused-appellant Bapulal.
Mr. L.R. Choudhary, and Mr. Panney Singh for the Union of India.

Judgment

S.P. Pathak, J.-Both the appeals have been filed against the Judgment of coviction and order of sentence dated 010.2001 passed by learned Special Judge, NDPS Cases, Pratapgarh in Special Sessions Case No.40/2000, whereby accused-appellant Mukesh has been convicted under Section 8/21 and Section 9-A/25-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and accused-appellant Bapulal has been convicted under Section 8/29 of the Act. They have been sentenced as under:-Name of accused-appellant Offence under Section Sentence awarded Mukesh 8/21 NDPS Act 15 years’rigorous imprisonment and a fine of Rs.1.5 lacs, in default of payment of fine to further undergo three years’ rigorous imprisonment

9-A/25-A NDPS Act 5 years’rigorous imprisonment and a fine of Rs.50,000/-, in default of payment to further undergo one year’s rigorous imprisonment.

(Both the sentences were ordered to run concurrently) Bapulal 8/29 NDPS Act 10 years’rigorous imprisonment and a fine of Rupees one lac, in default thereof to further undergo two years’ rigorous imprisonment.

The accused-appellants were given benefit under Section 428 Cr.P.C.

2. In brief , the c





















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