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2019 Supreme(J&K) 502

RASHID ALI DAR
Mohd. Lateef Sheikh – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Appellant :G.Q. Bhat, Advocate
For the Respondents: N.H. Shah, Sr. AAG

JUDGMENT :

Rashid Ali Dar, J.

1. Learned Additional Sessions Judge, Anantnag (Special Court under Section 36 of NDPS Act), in terms of judgment dated 09.07.2018, has convicted the appellant herein for commission of offence under Section 8/20(b)(ii)(C) of NDPS Act (for short 'the Act') and sentenced to rigorous imprisonment for a term of eleven years with fine of rupees one lac twenty-five thousand.

2. On perusal of the impugned judgment, it appears that the appellant herein had been arrested on 27.11.2008, when at K.P. Road adjacent to the General Bus Stand, Anantnag, a police party was performing their duties and had received an information through reliable sources that the appellant' herein is involved in the trade of illicit "Bhang leaves" and was taking the same in a bag for selling purposes. On receipt of the information, SP. Headquarter, who had been informed through phone, along with Executive Magistrate visited the spot. A "Nylon Bag" containing 14 Kilograms of "Bhang leaves" was recovered which was seized on spot. A "Nylon Bag" containing 14 kilograms of "Bhang Leaves" was recovered which was seized on spot. Proper it may be to reflect the exact words of report conveyed to Po

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