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2009 Supreme(J&K) 355

HAKIM IMTIYAZ HUSSAIN, J.P.SINGH
Mumtaz Ahmad – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Nirmal Kotwal
Advocate For Respondent: S.C. Gupta

J.P. Singh, J.

1. The appellant, Mumtaz Ahmad, has filed this appeal questioning Special Judge, Udhampurs judgment of December 1, 2008, convicting and sentencing him to imprisonment for twenty years and fine of two lac rupees, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

FACTS:

2. Head Constable Ghulam Mohi-Ud-Din, along with Constables Naresh Kumar, Jagdish Singh and Mohd. Altaf of Police Station Rehambal, was on duty at Garnai Bye-pass Check Post, Naka, on January 30, 2007, when at about 4.00 p.m, he found, 95 maize cob leaves, in a Plastic Bag, which, Mumtaz Ahmad, of District Anantnag, Kashmir, residing at Thanda Paddar Zallar, Udhampur, was carrying over his shoulder.

3. A case FIR no. 14/07 was, accordingly, registered at Police Station, Rehambal of District Udhampur under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter to be referred as, the "Act", for short, on the report of Head Constable Ghulam Mohi-Ud-Din.

4. The Station House Officer seized the material on spot which weighed 4.65 kg. 100 gm was taken out of it for test purposes. The sample and the remaining material weighing about 4.65 kg was sealed sep


















































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