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Sarvesh Kumar Bhatia Versus Narcotics Control Bureau & Another

2016 (10) TMI 463 - DELHI HIGH COURT

Guilty for committing offence punishable under Section 20(b)(ii)(C) read with Section 29 NDPS Act - Held that:- Since the appellant has opted to accept the findings of the Trial Court on conviction and there is ample evidence to prove the allegations, his conviction under Section 20(b)(ii)(C) read with Section 29 NDPS Act is affirmed. - Regarding Sentence Order, it transpires that he has already undergone almost the entire substantive sentence awarded to him. Nominal Roll dated 04.03.2015 re .....

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n Sharma, Advocate For the Respondents : Mr.Rajesh Manchanda, Advocate with Mr.Rajat Manchanda, Advocate ORDER S. P. Garg, J. (Oral) 1. The instant appeal has been filed by the appellant - Sarvesh Kumar Bhatia to challenge the legality and correctness of a judgment dated 17.08.2013 of learned Additional Sessions Judge in Sessions Case No.61/08 by which he was held guilty for committing offence punishable under Section 20(b)(ii)(C) read with Section 29 NDPS Act. By an order dated 31.08.2013, he w .....

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and was supplying it to oversea parties and that they had already booked a container for Canada wherein huge quantity of charas has been concealed and that the said container had left Nhawa Sheva port, Mumbai on 14.01.2007. It was also informed that the appellant had also taken a godown at village Holambi Kalan, PS Narela on rent from one Naresh Tyagi and in the said godown, looked after by Rakesh, a trusted employee of the appellant, huge quantity of charas has been stocked inside a container .....

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, IO Akhilesh Kumar and Hawaldar Jagdish Singh proceeded from NCB office at 09.30 hours in two official vehicles and reached at about 1035 hours, a service lane behind Derawal Nagar bus stand, near the house of accused. The second raiding team constituted by IO NS Yadav consisting of IO Prem Khanduri, IO Raj Kumar, Hawaldar Shiv Rattan and Farash Sudhir Nayak proceeded from NCB office at 0900 hours in two official vehicles and reached at about 1045 hours, the godown of Naresh Tyagi, village Hola .....

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s were conducted at different stages of investigation. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a complaint was filed against the appellant along with Rakesh Kumar (since acquitted), Julian Kanoui (since Proclaimed Offender) and Gautambhai Gheewala (since Proclaimed Offender). The trial resulted in his conviction as aforesaid. 3. It is relevant to note that co-accused Rakesh Kumar was acquitted of the charge. 4. During the course of a .....

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