DHARAMBIR THAKUR & ANR vs THE STATE (GOVT. OF NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 23.02.2026 Judgment pronounced on: 27.02.2026 + CRL.A. 499/2018 DHARAMBIR THAKUR & ANR. .....Appellant Through: Mr. Sudhansu Palo, Advocate with Mr. Surinder Roy, Mr. Rajesh Palo and Mr. Mihir Kumar Jena, Advocates versus THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Utkarsh, APP for the State. JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374(2) Cr.P.C., the accused persons, two in number, in Sessions Case No.2050/2016 on the file of the Additional Sessions Judge-04 and Special Judge (NDPS), South-East District, Saket Courts, Delhi, challenge the judgement dated 27.02.2018 and order on sentence dated 28.02.2018, as per which they have been convicted and sentenced for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act). CRL.A. 499/2018 Page 1 of 34 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:28.02.2026 15:42:43 2. The prosecution case is that on 24.07.2012at 10:30 P.M.,both the accused persons were found in possession of 201 Kilograms of ganja in front of Suraj Apartment, Main Road, Suraj Kund-Prahladpur Road in a three wheeler bearing no. HR-38-T- 2626, which was driven by accused no.1(A1) and accused no. 2(A2) was sitting in the same with the bags containing ganja. Hence, as per the chargesheet/final report dated 08.12.2015, the accused persons are alleged to have committed the offence punishable under Sections 20, 25 and 29 of the NDPS Act. 3. On appearance of the accused persons before the trial court, copies of all the prosecution documents were supplied to them in compliance with Section 207 Cr.P.C. On 13.01.2016, Charge under Section 20 of the NDPS Act was framed against the acc