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2017 Supreme(All) 2897

ABHAI KUMAR
GURUBAKSH – Appellant
Versus
STATE OF U. P. – Respondent


Advocate Appeared:
For the Appellant :Ashwini Singh and Ghan Shyam Das, Advocates
For the Respondent:Govt. Advocate

JUDGMENT :

Abhai Kumar, J.

Heard Sri Ghanshyam Das, learned counsel for the appellants and the learned AGA for the State.

2. This appeal has been preferred against the judgment and order dated 13.10.2010 passed by Additional District & Sessions Judge/Fast Track Court No. 6, Ghaziabad, in Session Trial No. 283 of 2006 (State v. Gurubaksh) in Case Crime No. 796 of 2006 and in Session Trial No. 284 of 2006 (State v. Vikram) in Case Crime No. 797 of 2006, under Section 18/20 N.D.P.S. Act, Police Station Sihani Gate, District Ghaziabad, convicting the appellant Gurubaksh for twelve years of rigorous imprisonment with a fine of Rs. 1,20,000/- and in default in payment of fine to further undergo for two years additional simple imprisonment and convicting the appellant Vikram for 11 years rigorous imprisonment with a fine of Rs. 1,10,000/- and in default in payment of fine to further undergo for twenty months additional simple imprisonment.

3. During the course of argument appeal was not pressed on merit rather it is submitted that quantum of punishment that has been awarded by the trial court may be reduced to the minimum as follows:

1. Rigorous imprisonment to appellant Gurubaksh that has bee


















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