S.P. TRIPATHI Vs. YUDHISTER KUMAR AND ORS.

JUDGEMENT

(1.) These appeals have been preferred on behalf of the Narcotics Control Bureau, New Delhi, against the common judgment and order dated 06.05.1996 passed by the learned Additional Sessions Judge-cum- Special Judge, Narcotic Drugs and Psychotropic Substances Court, New Delhi, in Sessions Case No. 179/1988 and Sessions Case No. 7/1990 acquitting the respondents, namely, Yudhister Kumar @ Y. Kumar, Joginder Mohan Malhotra @ Jindo Malhotra, Narinder Pal Singh, Manju Narula, Surinder Mohan Malhotra and Anil Kumar Gandhi (in S.C. No. 179/1988) and respondents Amrik Singh and Kamal Manku @ Paul (in S.C. No.7/1990) for the offences punishable under Section 29 read with Sections 21 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'NDPS Act') and respondent Manju Narula for separate offence punishable under Section 21 NDPS Act.

(2.) Since the aforementioned appeals involve common question of facts and law and arise from the common judgment dated 06.05.1996, therefore, I shall dispose of these two appeals by this judgment.

(3.) It is noted that Criminal Appeal No.254/1996 is filed challenging the judgment dated 06.05.1996 passed in Sessions Case No.179/1988 arising out of complaint Ex.PW5/C filed by Sh. N.P. Kaushik, Intelligence Officer, NCB, New Delhi, in 1987 and Criminal Appeal No.255/1996 is filed challenging the said judgment passed in Sessions Case No.7/1990 arising out of complaint dated 28.08.1989 Ex. PW5/D against the respondents herein in the court of learned Additional Chief Metropolitan Magistrate (ACMM), New Delhi.