LAWS(DLH)-2009-12-267

KARMA PHUNTSOK AND ORS. Vs. N.C.B.

Decided On December 09, 2009
Karma Phuntsok And Ors. Appellant
V/S
N.C.B. Respondents

JUDGEMENT

(1.) APPELLANT No. 2, namely, Narendra Bodh along with other appellants and one Wu Yen La was convicted under Section 29 read with Section 20(b)(ii)(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short hereinafter referred to as 'Act') for having entered into a conspiracy, to illegally acquire, possess and transport 51.8 kgs of hashish. So far as Wu Yen La is concerned, he was also convicted under Section 20(b)(ii)(c) of the Act. Appellant No. 2 was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/ - and in default of payment of fine, to further undergo SI for six months. Benefit under Section 428 Cr.P.C. was also given. Appellant Nos. 1,3, 4 and Wu Yen La were also sentenced, details whereof need not to be referred herein, as present appeal survives only in respect of appellant No. 2.

(2.) APPEAL qua the appellant Nos. 1, 3 and 4 was dismissed for non -prosecution on 6th November, 2006.

(3.) AT about 8:30 am some persons, having features of hill area, arrived in two cars, which were parked in the parking area towards Ajmeri Gate side. Thereafter, the persons sitting in the car went inside the Railway Station. At about 9:00 am they came out along with two more persons, out of whom one was female. Luggage was put in white Maruti Van bearing No. DL 8CC 4970. Two persons sat in green colour Cielo car and three male and one female occupied the aforementioned Maruti Van. At that stage, officials of NCB intercepted them.