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| DB sets aside 12 years RI, fine of narco smuggler | | | Jammu, July 19 : A Division Bench of State High Court Comprising Justice Mohammad Yaqoob Mir and Justice Janak Raj Kotwal has set aside the 12 years rigorous imprisonment and fine Rs 2 lacs to Mohd. Naseer from whom more than 1 KG charas has been recovered and had been sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 2,00,000/-.This approved for reporting judgment written by Justice Janak Raj Kotwal after hearing Sr. Adv Sunil Sethi for the appellant, observed that Search has been conducted in violation of section 50 of the NDPS Act even though the officer concerned had felt necessity of invoking the provisions of the said section. Conviction is vitiated on that score for the reasons discussed and stated above.
Besides, the evidence led by the prosecution fails to provide reliable link evidence to establish beyond doubt that the substance recovered from the bag of the accused was in fact a contraband, namely, charas and allow this appeal as it has merit and set aside the impugned judgment and order of sentence both dated 12.05.2009. In the result, accused is acquitted. (JNF) |
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