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2015 Supreme(J&K) 246

HASNAIN MASSODI, JANAK RAJ KOTWAL
Amit Sharma – Appellant
Versus
State and others – Respondent


Advocates:
For appellant (s): Mr. Basit Manzoor Keng, Adv.
For respondent(s): Mr. S. S. Nanda, Sr. AAG

JUDGMENT :

Per Kotwal-J

Appellant Amit Sharma is in appeal against judgment dated 08.07.2014 of the learned Sessions Judge, Kathua in file No. 68/Special, whereby the appellant has been convicted under section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and order dated 09.07.2014, whereby appellant has been sentenced to undergo rigorous imprisonment for a term of fifteen years and to pay a fine of two lac rupees. It is ordered also that in default of payment of fine appellant shall undergo further rigorous imprisonment for two years.

2. Heard. We have perused the record.

3. Facts of the prosecution case, briefly, are that on 16.05.2010 the SHO Police Station, Kathua, Sandeep Mahajan, Inspector (PW-8), was on patrolling duty by his official 'Gypsy' in Shastri Nagar area accompanied by Pardeep Singh, SPO No. 1027 (PW-1) Davinder Singh, Ct. No. 31 (PW-2), Surinder Singh, Ct. No. 935 (PW-3) and Ravi Singh, SPO No. 130, (Pw-4). At about 10:00 PM they found the appellant (accused) coming from 'Hatli Morh1 towards Kathua. He was carrying a white colour plastic bag. The bag on checking was found containing 7605 pan/on spas' capsules in 39 black plast























































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