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2020 Supreme(Online)(DEL) 3053

HIGH COURT OF DELHI
JAGDISH – Appellant
Versus
STATE – Respondent


JUDGMENT

VIBHU BAKHRU, J

1. The appellant has filed the present appeal impugning a judgment dated 16.09.2016, passed by the Special Judge-2, NDPS Act (Central District), Tis Hazari Courts, whereby the appellant was convicted for committing the offences punishable under Sections

326A and 326B of the Indian Penal Code, 1860 (hereinafter „IPC‟).

2. The appellant also seeks to challenge an order on sentence dated 17.09.2016, whereby he was sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of 10,000 for committing the offence punishable under Section 326A of the IPC ₹

and in default of payment of fine, to undergo simple imprisonment for a further period of one month. The appellant was also sentenced to undergo rigorous imprisonment for a period of five years along with a fine of ₹10,000 for committing the offence punishable under Section 326B of the IPC and in default of payment of fine, to undergo simple imprisonment for a further period of one month. Both sentences were directed to run concurrently.

3. The case of the prosecution is that on 09.09.2014, at about 06:45 a.m., in front of Street no. 42, Beadon Pura, Karol Bagh, New Delhi, the accused (the ap

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