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2009 Supreme(All) 2688

SAROJ BALA
MEGH RAJ – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared
Sharad Chandra Singh, Rajul Bhargava and Praveen Kumar Srivastava. Counsel for the Appellant
N.D. Rai, A.G.A. Counsel for the Opposite Party

JUDGMENT

Mrs. SAROJBALA, J.

1. These appeals directed against the judgment and order dated 21.8.2006 passed by the Additional Sessions Judge/F.T.C. No. 2 Siddharath Nagar in Special Sessions Trial Nos. 35 of 2004 and 36 of 2004 whereby convicting the appellants for the offence under section 20(b)(ii)(c) of Narcotic. Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S, Act) and sentencing each of them to R.I. for ten years with fine of Rs, one lac with default clause having arisen out of the one and same judgment are being decided together.

2. The facts giving rise to the appeals are:

On 7.10.2004 at 4.15 P.M., S.H.O. Rajiv Kumar Singh (P.W.1) the first informant along with constable driver. Baij Nath Yadav was going to Bahaini town in Government jeep No. U.P. 55A-0155. When he reached near P.W.D. guest house he received information-through informer about the presence of appellants with Charas in bags at the tea shop of Abdul Ajij situated in Bahami town Dihava Masjid/Madarsa Incharge outpost S.I. K.V. Tiwari was telephonically directed by the S.H.O. (P.W. 1) to reach at the spot with police force. The first informant tried to take public witnesses but












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