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| DB suspends sentence, fine of appellant facing trial under NDPS Act | | |
Early Times Report
Jammu, Mar 23- A Division Bench of J&K High Court Jammu Wing, comprising Justice JP Singh and Justice Sunil Hali, today suspended the sentence of 12 years rigorous imprisonment and fine of Rs 2 lakh each awarded by the Sessions Judge Ramban on November 28, 2008 to appellants, Mukhtiar Ahmed and Ali Mohammed of Qazikund of Kashmir, driver and conductor of a truck carrying charas weighing 8KG 700 gram from Kashmir to Jammu.
On two criminal appeals filed by the appellants in which Advocate PN Raina appeared for Mukhtiar Ahmed and Senior Advocate Sunil Sethi appeared for Ali Mohammed and Additional Advocate General SC Gupta appeared for the state the DB, after going through the record of the case, found that the scientific assistant FSL Jammu’s report is based on the material which he had received in terms of a letter dated September 27, 2006 whereas the prosecution evidence on the other hand has indicated sending of sample to FSL on September 24, 2006. In view of the variance the factum of the investigating agencies sending the charas samples to FSL becomes prima-facie doubtful. Taking into consideration the facts and circumstances of the case the doubtful nature of sending of seized material to the FSL, DB deems it appropriate to suspend the sentence of imprisonment and fine awarded to appellants vide judgment dated November 28, 2008. After suspending the sentence of imprisonment and fine, the DB admitted to bail the appellants on their furnishing personal bond and surety bond to the tune of Rs 50,000 each to the satisfaction of the Registrar Judicial. JNF
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