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2021 Supreme(J&K) 458

Saroj – Appellant
Versus
State Th. SHO P/S Akhnoor – Respondent


Advocate Appeared:
For the Appellant(s):Mr. Jagpaul Singh and Mr. Ajay Bakshi Advocates
For the Respondent(s): Mr. Aseem Sawhney AAG

Judgment

1. These appeals are directed against the conviction and sentence recorded by the learned Principal Sessions Judge, Jammu (hereinafter to be referred as the “trial court”) vide his common judgment dated 24.04.2012 and order dated 26.04.2021, whereby the appellants herein have been convicted for the offence punishable under Section 20 of NDPS Act and sentenced to undergo rigorous imprisonment for a period of ten years and a fine of Rs.1.00 lac each. In default of payment of the fine, the appellants would undergo imprisonment for a further period of three years. The said conviction and sentence recorded by the trial Court has been challenged by the appellants on the following grounds:

    (i) That the judgment and order impugned are contrary to law, therefore, the same are required to be set aside;

(ii) That the judgment and order impugned are liable to the set aside on the ground that the same are contrary to the evidence on record. It is stated that the prosecution witnesses have not supported the prosecution case as required in terms of NDPS Act;

(iii) That the judgment and order impugned are liable to be set aside on the ground that no independent material witness has been e

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