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2021 Supreme(All) 625

AJAI TYAGI
Jose Luis Quintanilla Sacristan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manu Sharma, Dinesh Kumar Pandey, Mohd. Kalim, Rajeev Kumar

JUDGMENT :

1. This appeal has been preferred by the appellant-Jose Luis Quintanilla Sacristan against the judgment and order dated 30.10.2017, passed by learned Additional Sessions Judge, Fast Track Court-I, Maharajganj, in Special Case No.16 of 2015, arising out of Case Crime No.86 of 2015, Police Station-Sonauli, District-Maharajganj-convicting and sentencing the appellant for ten years R.I. and Rs.1,00,000/- fine (in default, imprisonment for six months) under Section 8 read with section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as 'NDPS Act, 1985'), and for ten years R.I. and fine of Rs.1,00,000/-(in default, imprisonment of six months) under Section 8 read with Section 23 (C) of NDPS Act, 1985.

2. The relevant facts for disposal of this appeal are that on 15.2.2015, Sub Inspector-Ram Saran Yadav with Police Personnel of Police Station-Sonauli, Maharajganj and Sub Inspector-Raja Murad Ali of Seema Suraksha Bal (SSB) were on checking at India Gate situates at Indo-Nepal Border. They were jointly checking the people and vehicles. At about 14:10, a foreigner was seen by them taking a trolley-bag with him coming from the 'No

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