FAKKIR MOHAMED IBRAHIM KALIFULLA, HASNAIN MASSODI
Mushtaq Ahmad & Anr. – Appellant
Versus
State & Ors. – Respondent
1. Challenge in these two Criminal Appeals is to the judgment recorded by Learned Third Additional Sessions Judge, Jammu on 6th May, 2009 in case titled Narcotic Control Bureau v. Gulzar Ahmad and another (File No. 13/Challan), convicting the appellants of offence punishable under section 20 (b) (ii) (c) of Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter "the Act") and sentencing them to 12 years rigorous imprisonment, a fine of Rs.2.00 lacs and default sentence of one year rigorous imprisonment. Before, a closer look at grounds of attack set out in the memoranda of appeals, it would be appropriate to have an overview of background facts, discernible from the record.
2. The Narcotic Control Bureau (NCB for short), Zonal Unit, Rehari, Jammu on 5th April, 2004 received information from reliable sources that a transaction of Charas was to take place on the said date in Rajinder Bazar, Kanak Mandi, area of Jammu city. The information prompted Intelligence Officer NCB, Jammu to tele-phonically inform Zonal Director, NCB, stationed at Chandigarh, seek instructions, constitute a Naka trap team associating officers/officials of the Customs Department, Jamm
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