UDAY UMESH LALIT, VINEET SARAN
State Of Rajasthan – Appellant
Versus
Sahi Ram – Respondent
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JUDGMENT :
Uday Umesh Lalit, J.
1. Leave granted.
2. This appeal challenges the final order dated 07.04.2016 passed by the High Court [The High Court of Judicature for Rajasthan at Jodhpur] in S.B. Criminal Appeal No.774 of 2015.
3. On receiving source information on 20.06.2006 that in a white coloured Tavera vehicle bearing registration No.RJ27-TC-0323 three persons were coming from Madhya Pradesh along with contraband material namely poppy straw and were proceeding towards Jodhpur, the information was reduced to writing and a copy was immediately forwarded to the superior officers in terms of requirements of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”).
4. A team was thereafter constituted which reached the Railway crossing near petrol pump Nimbahera. Two private persons named Kishan Lal and Chaman Lal were asked to associate as Panchas. At 9.40 AM, the vehicle was seen coming from Neemuch and was stopped. The vehicle was being driven by the respondent while the other two occupants were identified as Sohan and Kanhaiya Lal. After following mandatory requirements under the provisions of the NDPS Act, the vehicle was
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