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2006 Supreme(Raj) 395

N.K.JAIN
Keshav Prasad & Indra Prakash @ Prakash – Appellant
Versus
State of Rajasthan through Public Prosecutor – Respondent


Advocates Appeared:
Shri Shital Das for Accused Appellants.
Ms. Rajesh Kandwal, Amicus Curiae.
Shri Sushil Sharma, Standing Counsel for Narcotics Department.

Judgment

Narendra Kumar Jain, J.-Accused appellants Keshav Prasad son of Mangal Singh and Indra Prakash @ Prakash son of Moharpal have preferred this appeal before this Court under Section 374 (1) of the Code of Criminal Procedure (for short, CrPC), challenging their conviction and sentence passed by Additional Sessions Judge No. 1, Deeg, District Bharatpur, in Sessions Case No. 4/2000, whereby the accused appellants were convicted and sentenced under Section 8/20 and 8/28 of the NDPS Act, 1985.

2. PW.2 Vijay Singh Meena, Superintendent, Central Narcotics, received an information from the informer that keshav prasad and Indra Prakash @ Prakash are doing business of charas and they will deliver four kilogram charas on 28 or 211.1999 to one trader in Jurahara. If a raid is conducted then the said charas can be recovered from them. The said information was reduced in writing by him (Exhibit P-3) on 211.1999 at 10.00 AM. He forwarded the said information to the DNC (Unit), Kota. Thereafter he constituted a team to do the needful on the specific date, time and place. Shri Laxman Kataria, Sub Inspector, one of the members of the team saw the scooter No. DL 5 SJ/7877 on 211.1999 at about





























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