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2021 Supreme(SC) 789

INDIRA BANERJEE, J.K.MAHESHWARI
Kallu Khan – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
For the Appellant :T. Mahipal, Advocate,
For the Respondent:Pai Amit, Milind Kumar, Advocates

JUDGMENT

J.K. Maheshwari, J.

Leave granted.

2. This appeal has been filed arising out of the judgment dated 25.11.2017, passed by High Court of Judicature of Rajasthan Bench at Jaipur, in Criminal Appeal No. 491 of 2012, whereby, the order dated 21.04.2012 passed by Special Judge (N.D.P.S.), Jhalawar, Rajasthan in Sessions Case No. 49 of 2011 convicting the appellant under Sections 8 & 21 of Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as "NDPS Act") and sentenced to undergo rigorous imprisonment for 10 years along with fine of Rs. 1,00,000/-(One Lakh) has been affirmed. While confirming the conviction and sentence, the High Court reduced the default sentence from 2 years to 1 year.

3. The facts briefly put, as per prosecution allegations, on the date of incident i.e. 24.04.2011, S.I. Pranveer Singh (P.W. 6) Station In-charge of Bhawani Mandi Police Station alongwith constables Preetam Singh (P.W. 1), Sardar Singh (P.W. 2) and Rajendra Prasad (P.W. 8), was on routine patrolling at around 6:05 a.m. from Sulia Chowki to Sunel and reached Jhokadia. While returning from Jhokadia to Bhawani Mandi, they saw the accused Kallu Khan riding an unnumbered motorcycle and

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