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2008 Supreme(All) 1796

J.C.S.RAWAT
NAZAR SINGH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
AMIT BHATT, Pushpa Joshi,

Since both the appeals have arisen out of the common judgment and order dated 19-12-2003 passed by the learned Additional Sessions Judge/ii F. T. C. , Udham Singh Nagar in ST. No. 86 of 2003 & 87 of 2003, therefore, both the appeals are being disposed of together by this common judgment. These appeals have been preferred by the accused/ ap pellants against the aforementioned judg ment and order whereby the accused / ap pellants have been convicted and sen tenced to undergo rigorous imprisonment for ten years u/s 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (here inafter referred as Act, 1985) and a fine of Rs. 1,00,0007 -. In default of payment of fine, the accused/appellants would fur ther undergo one year R. I.

2. Brief facts as emerged from the record are that on 21-06-2003, S. S. I. D. L. Verma alongwith S. I. R. A. Singh and other police officials were in search of the accused involved in Case Crime No. 128/ 02 u/s 395/3971. PC. and Case Crime No. 263/02 u/s 396/120-B I. P. C. When the police patrolling party reached at Chikhaghat Bridge, they saw that two per sons were coming from the side of Sisaikhera having bags in their hands. When they saw the police party,






























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