TMI Blog2016 (3) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... our of appellant - CRL. A No. 325/2014 - - - Dated:- 22-2-2016 - S. P. Garg, J. For the Appellant : Mr. K S Bana, Adv For the Respondent : Mr. Vineet Sharma, Proxy counsel for Mr. Satish Aggarwala, Adv ORDER S. P. Garg, J ( Oral ) 1. The instant appeal has been filed by the appellant - Mandeep Kaur @ Jasbir Kaur @ Manjeet Kaur to challenge the legality and correctness of a judgment dated 20.12.2013 of learned Additional Sessions Judge in Sessions Case No.57A/2007 under Sections 21/29 NDPS Act by which she was held guilty for committing offences punishable under Sections 21(c) 29 of the NDPS Act. By an order dated 21.12.2013, she was awarded RI for ten years with fine ₹ 1 lac each under both the heads. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the vehicle was also recovered. These 20 packets were found containing white colour granular substance, the gross-weight of which was found to be 20.754 kg. and the net weight came to be 20.022 kg. heroin. Subsequent proceedings were conducted. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a complaint was filed against the appellant and her associates - Gurdev Singh and Balwinder Singh @ Dr.Balwinder Singh, who was finally declared Proclaimed Offender. The trial resulted in conviction of both the appellant and Gurdev Singh. 3. During the course of arguments, appellant's counsel on instructions stated at Bar that the appellant has opted not to challenge the findings of the Tria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t therein was found in possession of 500 grams of brown sugar and was convicted for the offence punishable under Section 8(c), 21 and 29 of NDPS Act. The Division Bench of Gujarat High Court had dismissed the Crl. A. No. 11 75/2002 vide order dated 08.07.2002. 7. Taking into consideration Section 30 of Cr.P.C. and the judgment of Shahejadkhan Mahebubkhan Pathan vs. State of Gujarat, (supra), the sentence order is modified to the extent that default sentence for non-payment of fine ₹ 1 lac each shall be SI for one month each under both the offences. Other terms and conditions of the sentence order are left undisturbed. 8. Appeal stands disposed of in the above terms. Trial Court record be sent back forthwith with the copy of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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