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DHIRAJ SINGH THAKUR, RAJNESH OSWAL
Mohammad Maqbool Lone – Appellant
Versus
Intelligence Officer Narcotics – Respondent
Judgment
Rajnesh Oswal, J.-The appellant, after having been convicted by court of learned Sessions Judge Kathua (hereinafter to be referred as trial court) for commission of offence under section 8(c) of the NDPS Act read with sections 20(b)(ii)(c) of the NDPS Act (for short the Act) and sentenced to undergo rigorous imprisonment for 20 years and payment of fine of Rs. 2 lacs, has challenged the judgment dated 08.01.2015 (hereinafter to be referred as the judgment impugned) and order dated 10.01.2015 through the medium of present appeal on the various grounds legal as well as factual, as narrated in the memo of appeal.
Case of prosecution:
2. Briefly stated, the complaint was filed against the appellant for commission of offences under sections 8, 20 and 60 of the Act in which it was stated that the secret information was received from the source that Drug Trafficking from Kashmir Valley to Delhi in Truck No. JK05-6906 dated 13.03.2013 is going on and the supply of drug may be in Transport Nagar, Delhi. The above said information was given in writing by Shri Maneet Kumar, Intelligence Officer (IO) to the Superintendent NCB Jammu i.e., Ms. Mehak Jain, who constituted the team under
The court established that the physical production of the contraband and sealed samples, the admissibility of the test analysis report, and the fairness of the investigation conducted by the informan....
The absence of independent witnesses does not invalidate the prosecution's case if police testimonies are credible, and Section 50 of the NDPS Act is not applicable when recovery is from a bag.
Failures and inconsistencies in the prosecution's case, including unexplained delay in informing the police, contradictions in the evidence of prosecution's witnesses, and failure to produce the seiz....
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