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2023 Supreme(J&K) 492

SANJAY DHAR
Mohammad Ayoub Wani – Appellant
Versus
State Of J. & K. – Respondent


Advocates Appeared:
For the Appellant : Mr. N.A. Ronga with Ms. Nazima.
For the Respondent: Mr. Zahid Dar.

JUDGMENT :

1. Appellant, Mohammad Ayoub Wani, has challenged judgement dated 27.01.2014, passed by learned Principal Sessions Judge, Srinagar, whereby appellant along with other co-accused has been convicted for offences under Section 20/28/29 of the NDPS Act. Challenge has also been thrown to order dated 13.02.2014 passed by learned Sessions Judge, whereby appellant, in proof of aforesaid offences, has been sentenced to under a rigorous imprisonment for a period of two years and to pay a fine of Rs.20,000/. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for a further period of three months.

2. Briefly stated, the case of the prosecution is that on 22.02.2008, the police of Police Station, CIK, Srinagar, received an information from reliable sources that the appellant along with co-accused Mohammad Shakoor Khatana, Mohammad Imran Bhat and Feroz Ahmad Lone, under a well-knit conspiracy, are in the process of smuggling a huge quantity of Charas which they have concealed in the body of the vehicle (Tavera) bearing registration No.MH02N-7852 to some place out of State. As per the information, the Charas was proposed to be smuggled by the a

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