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2013 (7) TMI 608 - HC - CustomsAppeal against conviction - appellants were convicted for the offences punishable u/s 21, 23 & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to rigorous imprisonment and fine – Held that:- The appellants should be sentenced to the same sentence as was imposed - appellant and her sister were convicted for the offences punishable u/s 21 & 23 and sentenced to undergo rigorous imprisonment for a period of ten and half years and to pay a fine on both counts - the appellants herein had been convicted for the offence punishable u/s 21, 23 & 29 - but in respect of much larger quantity of heroin – Appellants had brought heroin to India for sale - such sale necessarily required to be carried out with the assistance of an Indian National and such support system was provided by appellant – the recovery of contraband is not necessary for an offence punishable u/s 29 – court mentioned the judgement of Pavunny Vs. Assistant Collector (1997 (2) TMI 97 - SUPREME COURT OF INDIA)for explaining as to what evidences required to prove a guilt - Section 29 contemplates that whoever abets or is a party to a criminal conspiracy to commit an offence punishable under Chapter IV - then notwithstanding anything contained in Section 116 of the IPC such person shall be punishable with the punishment provided for the offence – decided against appellant.
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