2009 (1) TMI 888

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....nishable under Section 18 read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). The prosecution case was that the Superintendent-M.C.Vijay of the Central Bureau of Narcotics, along with other officers, were on patrol duty on 1.5.1997 and at about 9.45 p.m. they intercepted the truck-DIG 4753. Two persons were in the truck and when they stopp....

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....ion 18 of the Act and they were sentenced to undergo 10 years rigorous imprisonment with a fine of ₹ 1 lac each. In the appeal filed by the accused, the High Court confirmed the conviction. The first and second accused Hardeo Singh and Daljeet Singh did not prefer any appeal while accused nos.3 and 4 have filed the present appeals before this Court. Heard both sides. The prosecution relied....

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.... that it is not possible to assume that they were dealing with any commercial quantity of contraband articles, which offence by itself is of a very serious nature. The prosecution should have produced better evidence to sustain such conviction. Under the above circumstances, we hold that the accused could only be convicted under Section 18(b) of the Act. We are told that the appellants have alrea....