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2017 (10) TMI 979 - HC - Indian LawsOffence under Narcotic Drugs and Psychotropic Substances Act, 1985 - Held that:- Appellant Rajeev Verma is guilty of committing offence under Section 8/21 and 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985. This Court has already held that except the confessional statement recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of the co-accused Rajeev Verma and the appellant Abdul Aziz, there is no other evidence against Abdul Aziz for holding him guilty for offence under Section 8/29 of Narcotic Drugs and Psychotropic Substances Act,1985. Accordingly, it is held that the prosecution has failed to prove the guilt of the appellant Abdul Aziz beyond reasonable doubt and accordingly, he is acquitted of the charge under Section 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985. Accordingly, the conviction of the appellant Rajeev Verma for offence under Sections 8/21 and 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, recorded by Special Judge (N.D.P.S.Act), Gwalior by judgment dated 27-10-2004 in Special Sessions Trial No.2/2002 is hereby affirmed. The conviction of appellant Abdul Aziz for offence under Section 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 recorded by Special Judge (N.D.P.S.Act), Gwalior by judgment dated 27-10-2004 in Special Sessions Trial No. 2/2002 is hereby set aside, and the appellant Abdul Aziz is acquitted of all the charges. The huge quantity of Heroine which has been recovered from the possession of the appellant Rajeev Verma cannot be lost sight. The maximum sentence for offence under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 is twenty years and a fine of ₹ 2 lac. The Trial Court has awarded jail sentence of 10 years and a fine of ₹ 1 lacs. This Court is of the considered opinion that the Trial Court has already adopted a very lenient view while awarding sentence, and hence, the sentence awarded by the Trial Court does not call for interference and hence, the jail sentence of 10 years and a fine of ₹ 1 lacs awarded by the Court of Special Judge (N.D.P.S.Act), Gwalior by judgment dated 27-10-2004 in Special Sessions Trial No.2/2002 is hereby affirmed. The appellant Abdul Aziz is on bail. His bail bonds stand discharged. The fine amount, if deposited by the appellant Abdul Aziz, be returned back. The appellant Rajeev Verma is on bail. His bail bonds and surety bonds are hereby cancelled. He is directed to immediately surrender before the Trial Court for undergoing the remaining jail sentence.
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