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2015 Supreme(All) 13

AKHTAR HUSAIN KHAN
ANIL KUMAR JAISWAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Arun Kumar Tewari, A.K. Tewari, Amit Misra, Amit Sinha, Arun Kumar Mishra, Aseem Kumar Rai, Dilip Kumar, Mridul Tripathi, P.C. Shukla (Amicus Curiae), R.S. Shukla, Santosh Kumar Singh, Sarvesh, Shashank Tripathi and Viresh Mishra for the Appellants; A.G.A., N.I. Jafri and Sanjay Kumar Singh for the Respondents.

JUDGMENT

Hon’ble Akhtar Husain Khan, J.—Present criminal appeal has been filed by accused-appellants Anil Kumar Jaiswal Jaiswal and Jagram against judgement and order dated 16.9.2003 passed by Special Judge (N.D.P.S. Act), Kanpur Nagar in Session Trial No. 509 of 1992 (State of U.P. v. Anil Kumar Jaiswal and others), under Sections 18/20 N.D.P.S. Act., P.S. Kakadev, District Kanpur Nagar whereby learned Special Judge has convicted both accused-appellants Anil Kumar Jaiswal and Jagram for offence under Section 20(B)(II)(C) N.D.P.S. Act and has sentenced each of them thereunder to undergo rigorous imprisonment for 15 years with fine of Rs. 1 lac. In default of payment of fine each of accused-appellant has been ordered to undergo further rigorous imprisonment for 1 1/2 years. The learned Special Judge has directed that period of detention already undergone by accused-appellants shall be set off against sentence of imprisonment awarded to accused-appellants.

2. Learned counsel Sri Arun Kumar Tewari appeared for accused-appellants. Learned AGA appeared for State of U.P. Learned Special Counsel Sri Sanjay Kumar Singh appeared for Union of India.

3. I have heard learned counsel for the par





































































































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