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2018 Supreme(All) 331

IFAQAT ALI KHAN
KEDAR MUKHIYA – Appellant
Versus
STATE OF Uttar Pradesh – Respondent


Advocates:
Counsel :
From Jail, Dr. Abida Sayeed A.C. for the Appellant; A.G.A. for the Respondent.

JUDGMENT :

Hon'ble Ifaqat Ali Khan,J.

1. This Jail Appeal is preferred by Kedar Mukhiya, through Jailer, District-Jail, Siddharthnagar, against the judgement and order dated 08.06.2017 passed by Additional District and Session Judge / FTC 2 Siddharth Nagar, in special Case No. 23 of 2011, State of Uttar Pradesh vs. Kedar Mukhiya, arising out of crime no. 436 of 2011, under section 8/20 N.D.P.S. Act, Police Station- Dumariya Ganj, District- Siddharth Nagar.

2. Vide this impugned judgement and order dated 08.06.2017, accused-appellant Kedar Mukhiya is convicted under section 20 (b) (ii) (c) N.D.P.S. Act and is punished with the sentence of the rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/- in default of payment of fine, he will undergo the additional simple imprisonment for 6 months.

3. This appeal is preferred on the grounds that the impugned judgement and order dated 08.06.2017 is passed against the fact and law, it is misconceived and malafide. Learned lower Court has passed this judgement without applying his judicial mind. The provisions of section 50, 52, 57 and 42 of the N.D.P.S., Act have not been complied with. Copy of the recovery memo was not given to the


































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