SHEETAL Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The appellants have filed the present appeal impugning a judgment dated 01.11.2017, whereby the accused Sheetal (the appellant in CRL. A. 1181/2017) was convicted of committing an offence punishable under Sections 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter the 'NDPS Act'). The accused Rakesh Dahiya (the appellant in CRL. A. 50/2018) was convicted of an offence punishable under Sections 25 and 29 of the NDPS Act. The appellants also impugn a common order of sentence dated 16.11.2017, whereby the accused Sheetal was sentenced to serve five years of rigorous imprisonment along with a fine of Rs. 25,000/- and in default of payment of fine, to undergo rigorous imprisonment for a period of six months for committing an offence punishable under Section 21(b) of the NDPS Act. In addition, she was also sentenced to five years rigorous imprisonment with a fine of Rs. 25,000/- and in default of payment of fine, to undergo rigorous imprisonment for a period of six months for committing an offence punishable under Section 29 of the NDPS Act. It was directed that both the sentences would run concurrently.

(2.) The accused (Rakesh Dahiya) was sentenced to five years of rigorous imprisonment along with a fine of Rs. 25,000/- and in default of payment of fine, to undergo rigorous imprisonment for a period of six months for committing an offence punishable under Section 25 of the NDPS Act. He was awarded a similar sentence for committing an offence under Section 29 of the NDPS Act. It was directed that both the sentences would run concurrently.

(3.) The appellants were prosecuted pursuant to registration of an FIR No. 114/2012 under Sections 21 and 29 of the NDPS Act with PS Crime Branch.