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2017 Supreme(J&K) 1081

BADAR DURREZ AHMED, SANJEEV KUMAR
Sayyed Mohd. Sadiq – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :P.N. Goja, Advocate
For the Respondents: Ravinder Gupta, A.A.G.

JUDGMENT :

Badar Durrez Ahmed, J.

1. The present appeal is directed against the judgment dated 28.01.2016 delivered by the Additional Sessions Judge (Special Judge), Udhampur, whereby the appellants have been convicted for offences under Sections 8(c) which is punishable under Section 20(b)(ii)(C) of the of the Narcotics Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act"). The appeal is also directed against the order dated 28.01.2016 whereby the appellants have been sentenced to undergo rigorous imprisonment of 12 years each and to pay a fine of Rs. 1.5 Lacs each. In case of default in payment of fine, the appellants were, each, required to undergo further rigorous imprisonment for one year. The period of incarceration already undergone during trial was directed to be set off. The impugned judgment and the order on sentence arose out of FIR No. 240/2011 registered at Police Station, Udhampur on 01.11.2011. The prosecution case was that on 01.11.2011 certain police officers were on patrolling duty and they were checking and frisking vehicles at Jekhani Nallah. At about 11.10 p.m. they intercepted a vehicle, which was a red Qualis, which was approaching

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