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2021 Supreme(All) 163

VIRENDRA KUMAR SRIVASTAVA
Raj Kumar Savita – Appellant
Versus
Union of India (Govt. of India) New Delhi – Respondent


Advocates Appeared:
For the Appellant : S.R. Yadav, Ayodhya Prasad Mishra, Randhir Singh.
For the Respondent: I.B. Singh.

JUDGMENT :

1. Both the Criminal Appeals have been filed under Section 374 , Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code'), against the judgment and order dated 01.04.2013, passed by the Additional Sessions Judge, Court No.8, Lucknow, in Criminal Case No.431 of 2010 (Union of India Through Shri Brijendra Singh Sodhi, Intelligence Officer, Directorate of Revenue Intelligence, Lucknow Zone vs. Raj Kumar Savita and another), whereby the appellant-Raj Kumar Savita of Criminal Appeal No.943 of 2013 and the appellant-Gopal Verma @ Teetu of Criminal Appeal No.688 of 2013 have been convicted and sentenced for ten years rigorous imprisonment with a fine of Rs. One Lakh, each for offence under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) with further direction that in default of payment of fine the appellants have to undergo one year each further imprisonment.

2. Since both the criminal appeals have been filed against the same judgment and order passed by the trial Court, both the appeals have been heard together and are being decided by this common judgment.

3. The prosecution case, in a nuts

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