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2013 Supreme(P&H) 1304

JASBIR SINGH, INDERJIT SINGH
Linus Ameka Nweka – Appellant
Versus
Inspector of Customs, Ministry of Finance, Department of Revenue, Govt. of India, Land Custom Station, Attari Road, Amritsar – Respondent


Advocates:
Advocate Appeared
Mr.Sumit Sharma, Advocate with Ms.Tanu Bedi, Advocate for the appellant.
Mr.D.D.Sharma, Advocate for respondent No.1.
Mr.B.S.Bhalla, Addl. Advocate General, Punjab for respondent No.2-State.

Judgment

INDERJIT SINGH, J.

The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 16.01.2007, passed by the Judge, Special Court, Amritsar, whereby he was convicted and sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs.2 lacs and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 21 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. He was further sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs.2 lacs and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 23 of NDPS Act, 1985. Both the sentences were ordered to run concurrently.

The brief facts of the prosecution case are that on 11.06.2003 Inspector Vijay Singh, who was posted as Inspector Central Excise (ICS) Attari road, received information in writing Ex.PA from Narcotic Control Bureau, Chandigarh which bears signatures of K.P.Singh, Intelligence Officer, that one person of Nigerian origin and one person of Kenyan origin were bringing drugs into India by concealing the

















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