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2017 Supreme(All) 2620

SATYA NARAIN AGNIHOTRI
Jakir – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioners: Jail Appeal (In Person), Pramod Kumar.

JUDGMENT :

SATYA NARAIN AGNIHOTRI, J.

1. Instant appeal has been directed against the impugned judgment and order dated 19.10.2012 passed by the learned Addl. Sessions Judge, Court no. 16, Lucknow, whereby learned Sessions Judge hold guilty to the accused-appellant under Section 8/18 Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced 12 years Rigorous Imprisonment and fine of Rs. 1,20,000/- (one lac twenty thousand) and in default of payment of fine further to undergo 12 months Rigorous Imprisonment.

2. For the disposal of the appeal the facts of the case are that on 29.03.2012 complainant N.K. Mishra, Sub Inspector, police station G.R.P. (Charbagh), Lucknow was busy in law and order duty and was stationed near the prepaid booth of taxi at about 6 A.M. At that time informer informs him that two suspected persons are seated in lane no. 2 near tube well. Relying upon the information of the informer, complainant and other police officials took their search and nothing incriminating article was found from their possession. Thereafter complainant with other police officials reached at the place where the accused-appellant was seated with other co-accused. Seeing the police of


























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