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2016 (5) TMI 505 - SUPREME COURT

2016 (5) TMI 505 - SUPREME COURT - TMI - Seeking modification in sentence order - Seizure of poppy husk - Appellant relied upon the statements given by the accused persons under Section 313 of the Code of Criminal Procedure, 1973 wherein they had pleaded innocence and had stated that they had been falsely implicated Held that:- once credible evidence has come on record which establishes the guilt of the appellants beyond reasonable doubt, mere statement of the accused person under Section 313 of .....

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MR. R.K. AGRAWAL, JJ For the Appellant : Mr. Syed Mehdi Imam(A.C.),Adv., Mr. Tabrez Ahmed, Adv., Mr. Parvez, Adv., Mr. Javed Muzatfa, Adv., Ms. S. Anis, Adv. And Dr. Nirmal Chopra,Adv. For the Respondent : Ms. Anvita, Adv., Ms. Lubna N., Adv. And Mr. Kuldip Singh,Adv. ORDER These three appeals are filed by the accused persons who were charged for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act ) and were sent .....

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was apprehended. Accused Gulab Nabi Bawa was found sitting on the driver's seat, whereas, Mohammed Yakub jumped from the truck and succeeded in running away. The other four accused were found sitting on the bags in the body of the truck. The raiding team found 59 bags, each containing 28 kgs. of poppy husk and those bags were sealed. One sample of 250 grams of poppy husk, was taken out from each bag. The contents of the samples were put into separate containers and the remaining poppy husk w .....

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