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2015 Supreme(J&K) 226

MOHAMMAD YAQOOB MIR, JANAK RAJ KOTWAL
Bharat Singh and another – Appellant
Versus
State and another – Respondent


Advocates:
For appellant (s) Ms. Z. S. Wattali, Adv.
For respondent(s): Ms. Sindhu Sharma, ASGI

JUDGMENT :

1. Appellants Bharat Singh (A-1) and Ashok Kumar (A-2) are in appeal against judgment dated 26.04.2012 of the learned Sessions Judge, Jammu, in file No. 292/Sessions whereby the appellants have been convicted under sections 21 and 23 of The Narcotic Drugs and Psychotropic Substances Act, 1985 for (short the NDPS Act) and order dated 27.04.2012, whereby each of the appellants have been sentenced to undergo rigorous imprisonment for a period of twenty years and pay a fine of one lac rupees. It is ordered also that in default of payment of fine, they shall suffer imprisonment for a period of five years.

Heard. We have perused the record.

3. Facts of the prosecution case, briefly, are that in the night intervening 30th and 31st January, 1998, the appellants were accosted by an Army Surveillance (Naka) Party in an island (GR 538613) in the Chenab River and 27 packets allegedly containing heroin each weighing 1 kg, 01 packet allegedly containing 150 gms. opium, 01 shawl, 02 rubber tubes, 1.23 bore revolver and 50 rounds of ammunition were recovered from them. The Surveillance Team apprehend the appellants and took possession of the recovered substances from them. The Army Author



































































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