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2006 Supreme(Raj) 1311

N.K.JAIN
Dulichand – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Rajendra Yadav, for the Accused-Appellant
Mr. Sushil Sharma, Standing Counsel for Union of India (Central Bureau of Narcotics)
Mr. B.S. Chhaba, Public Prosecutor, for the State.

Judgment

N.K. Jain, J.-Learned Counsel for the accused-appellant, Shri Rajendra Yadav, at the very outset, contended that there is sufficient evidence available on the record to connect accused-appellant Dulichand S/o Shri Mangilal with the Crime, therefore, he does not want to press this criminal appeal on merits and confined his arguments only in respect of reduction of sentence of imprisonment already undergone by the accused-appellant.

2. Complainant Naranjan Guru, Inspector, Office of Deputy Narcotics Commissioner, Kota, lodged a written report on 212.2001, about recovery of contraband opium weighing 850 gram from the possession of the accused-appellant. The learned trial Court conducted trial and after considering oral and documentary evidence available on the record convicted and sentenced the accused-appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act of 1985)

3. Learned Counsel for the accused-appellant, for the purpose of reduction of sentence of imprisonment and fine, contended that the learned trial Court committed a serious illegality in passing the order of sentence of ten years rigorous imprisonment by mentioni









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