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2017 Supreme(J&K) 581

SANJAY KUMAR GUPTA
Jamal Din – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.M. Wajahat
For the Respondent: Mr. Ranjit Singh Jamwal

JUDGMENT :

1. In this appeal, the appellant has assailed judgment dated 29th November, 2011 passed by the Court of learned Special Judge, Ramban, by which the appellant has been convicted/sentenced to ten years imprisonment with fine of Rs. 1.00 lac (Rupees One Lac) for the alleged commission of offence under Section 8/20 NDPS Act, 1985.

2. Appellant has stated in memo of appeal that a false and frivolous case FIR No. 12/2008 dated 24th January, 2008 came to be registered against the appellant at Police Station, Banihal. In the aforesaid FIR, the appellant has falsely been implicated, whereby he was shown to be in possession of two polythene bags, one containing 11 pieces of maize wraps containing Charas, and the other containing charas in the form of powder. He was on his way to sell the same at Banihal. It was also alleged by the Police concerned that on receipt of the Docket, a case was registered vide FIR No.12/2008 for the commission of offence punishable under Section 8/20 NDPS Act, 1985 and the appellant was charge-sheeted by the Court below vide order dated 11th April, 2008 for the commission of the aforesaid offence, which was denied by the appellant. The Investigating Offic










































































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