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TMI Blog2016 (10) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... al case and is not a previous convict; his overall jail conduct is satisfactory. Substantive sentence i.e. RI for ten years each under both the heads can’t be modified or altered as it is the ‘minimum’ sentence prescribed under the Act. - CRL.A.1203/2014, CRL.M.A.2892/2016 & CRL.M.B.1408/2016 - - - Dated:- 16-9-2016 - S. P. Garg, J. For the Appellant : Mr.Pawan 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kar Rao, Zonal Director, NCB. Two raiding teams were constituted. One raiding team, constituted by IO Ajay Kumar consisting of IO Vikas Kumar, 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 Holambi Kalan, Delhi. After search of appellant s car four brownish black solid slabs wrapped in khaki tape were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding Sentence Order, it transpires that he has already undergone almost the entire substantive sentence awarded to him. Nominal Roll dated 04.03.2015 reveals that he has remained in custody for six years, seven months and twenty-six days as on 03.03.2015. He is not involved in any other criminal case and is not a previous convict; his overall jail conduct is satisfactory. Substantive sentence i.e. RI for ten years each under both the heads can t be modified or altered as it is the minimum sentence prescribed under the Act. 7. In the case of Shahejadkhan Mahebubkhan Pathan vs. State of Gujarat , 2012 (10) SCALE 21, decided on 05.10.2012, the Supreme Court reduced the sentence from 15 years to 10 years as the appellant therein had alrea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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