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2006 Supreme(P&H) 2397

VIRENDER SINGH
Noor Aga – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. Appellant Noor Aga i s an Afghan national. Vide impugned judgment of learned Special Judge, Amritsar dated 7.6.2000, he stands convicted under sections 22 23 of the Narcotic Drugs and Pychotropic Substances Act, 185 (for short the act) for allegedlyfound in conscious possession of 1 kg 400 grams heroin (net w t in22 pakets) on 1.8.1997 when intercepted by the Custfedfdfdfdsffdoms officials at raja Sansi Airport, Amritsar. In fact the appellant was one of the crew members of Ariana Afghan Air Lines. He has now been sentenced to undergo RI for ten years and to pay a fine of Rs 1 lac under section 22 of the Act, in default thereof to further undergo RI for three years; for the same period on both the counts under section 23 of the Act also including the sentence for default clause. However, both the sentences are ordered to run concurrently. Aggrieved by the judgment of conviction and sentence, he has preferred the instant appeal. Shorn of unnecessary details, the case of the prosecution is that on 1.8.1997, at about 6 PM, Ariana Afghan Air Lines landed at Raja sansi Airport. The appellant presented himself for custom clearance along with luggage being carried by him which































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