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Mandeep Kaur, Jasbir Kaur, Manjeet Kaur Versus Directorate of Revenue Intelligence

2016 (3) TMI 608 - DELHI HIGH COURT

Seeking modification of sentence order - Concealment of drugs - Holding appellant guilty for committing offences punishable under Sections 21(c) & 29 of NDPS Act - Held that:- taking into consideration of Section 30 of Cr.P.C. and the judgment of Shahejadkhan Mahebubkhan Pathan vs. State of Gujarat [2012 (10) TMI 518 - SUPREME COURT], as the appellant had already undergone almost the entire substantive sentence awarded to her, the sentence order is modified to the extent that default sentence fo .....

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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 sentences were to operate concurrently. 2. Briefly stated, the prosecution case as stated in the complaint was that on 19.03.2007, Sujeet Kumar, Intelligence .....

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e road towards Delhi side. At about 11.00 p.m., a vehicle was seen coming from Haryana side crossing Singhu Border which was signaled to stop. There were two individuals in the said vehicle which was being driven by a sikh gentleman. A lady, later on identified as Mandeep Kaur @ Jasbir Kaur @ Manjeet Kaur (the appellant), was found sitting on the seat adjacent to the driver's seat. After conducting necessary proceedings and serving notices (Ex.PW-8/A & Ex.PW-8/B), the vehicle was searche .....

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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 instruc .....

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