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2009 Supreme(SC) 785

ASOK KUMAR GANGULY, ARIJIT PASAYAT
State of Rajasthan – Appellant
Versus
Shanti – Respondent


Advocates appeared:
For the Appellant :Manish Singhvi, Milind Kumar, Advocates.
For the Respondents:Mrs. Nanita Sharma, Advocate.

JUDGMENT

Dr. Arijit Pasayat, J.—

Heard learned counsel for the State and for the respondent.

2. Challenge in this appeal is to the judgment of the learned single Judge of Rajashtan High Court at Jodhpur dismissing the appeal filed by the State questioning the correctness of the judgment of acquittal recorded by learned Additional District and Sessions Judge No.2, Hanumangarh. Two persons faced trial for alleged commission of offences under Sections 8 and 18 of the Narcotic Drugs and Psycotropic Substances Act, 1985 (in short the ‘NDPS Act’).

3. Allegation was that on 18/1/1999 the Station House Officer, Police Station Pilibanga received secret information that the respondent Shanti and her son Darshan alongwith her husband Shankar Lal were habitually indulging in the sale and purchase of opium and the respondent Smt. Shanti was expected to come with opium near a particular place. The police officer reached the place and found that the respondent was carrying a bag in her hand. She was stopped and searched. The bag was found to carry about 10 kgs. of opium. On the information given by her, another 20 kgs. were seized from near her residential house. Accused Shankar Lal was also arre





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