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2021 Supreme(All) 357

ARVIND KUMAR MISHRA I
Omvir – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Shilpa Ahuja, A Kumar Srivastava, Chandra Bhan Singh,Naseem Ahmad,Salman Ahmad,Sameer Khan,Sanjeev Kumar Tripathee,Suresh Kumar Srivastava
For the Respondent: G.A.

JUDGMENT :

Arvind Kumar Mishra-I, J.

1. Heard Sri Sanjeev Kumar Tripathi, learned counsel for the appellant and Sri Bhanu Pratap Singh, learned A.G.A. for the State and perused the records.

2. The instant criminal appeal challenges the judgment and order dated 29.05.2018 passed by the Additional Sessions Judge, Court No.2, Amroha, in Special Session Trial No.14 of 2015 arising out of Case Crime No.177 of 2015 State Vs. Omvir son of Roomal Singh, under Section 8/18 N.D.P.S. Act, Police Station Adampur, District Amroha whereby the appellant Omvir having been convicted under the aforesaid Sections of N.D.P.S. Act has been sentenced to five years rigorous imprisonment coupled with fine Rs.20,000/-with default stipulation for six months additional imprisonment.

3. Relevant facts of this appeal as discernible from record suggest that the appellant was caught by the police patrolling party on the tip off information by some informer near Ojpura bridge / culvert on the road within Police Station Adampur, District Amroha, description of the same indicates that S.I. Amrish Tyagi and S.I. Rohit Sharma were patrolling along with their colleagues within Police Station Adampur and were p

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