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2023 Supreme(All) 1171

KARUNESH SINGH PAWAR
Shraswati – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Piyush Kumar Singh.

JUDGMENT :

1. Heard Shri Piyush Kumar Singh, learned Counsel for the appellant and Ms. Nikita Mishra, learned A.G.A. for the respondent State.

2. This criminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 has been preferred by the appellant, Smt. Shraswati, challenging the judgment and order dated 27.01.2017 passed by the Additional Session Judge, F.T.C.-II, Bahraich in Special Sessions Trial No. 48 of 2012 : State of U.P. vs. Smt. Shraswati, arising out of Case Crime No. 403 of 2012, under Sections 8/17/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “N.D.P.S. Act, 1985”), police station Rupaideeha, district Bahraich, whereby the appellant was convicted under Sections 8/17/20 N.D.P.S. Act, 1985 and sentenced him to undergo 12 years’ rigorous imprisonment and a fine of Rs.1,25,000/ and in default of payment of fine to undergo additional one year simple imprisonment.

3. The prosecution case as per the recovery memo (Ext. Ka.1), is that on 29.7.2012, at 15.00 hours, an information was received from reliable sources that one Nepalese woman wearing red saree would reach to India from Nepal via Rupaideeha main road with opi

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