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2006 Supreme(Raj) 329

H.R.PANWAR
Satya Narayan – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. Mridul Jain, for the Appellant.
Mr. B.M. Bohra, for the Respondent Union of India.

Judgment

H.R. Panwar, J.-This criminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short the Code hereinafter) is directed against the Judgment and order dated 012.2002 passed by Special Judge, (NDPS Cases), Chittorgarh (for short the trial Court hereinafter) in Sessions Case No. 10/2002, whereby the trial Court convicted the appellant for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act hereinafter) and sentenced him to undergo ten years rigorous imprisonment with a fine of Rs. 1,00,000/-in default of payment of fine further to undergo three months simple imprisonment. Aggrieved by the Judgment and order impugned, the appellant has filed the instant appeal.

2. The brief facts to the extent they are relevant and necessary for the decision of this appeal are that on 16.09.2001 PW. 1 Raisudeen Khan alongwith other officials of Central Narcotics Bureau while patrolling near Surajpura-Dindoli Circle at about 17.00 hours, saw a person coming on a scooter from Dindoli side, bearing No. RJ 09 M 9525. He was asked to stop. Suspecting him to be in possession of Narcotic Drugs, two independent Mot
























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