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2005 Supreme(Raj) 2302

S.P.PATHAK
Baroch Khan – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates Appeared:
Mr. B.S. Rathore, for the accused-Appellant.
Mrs. Praveen Kaushar, for the Naroctics Control Bureau.

Judgment

S.P. Pathak, J.-The appellant has filed this appeal against the Judgment of conviction and order of sentence dated 20.06.2002 passed by the learned Special Judge, NDPS Cases, Jodhpur, in Sessions Case No.16/2000, whereby the accused-appellant has been convicted under Sections 8/21, 8/23 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and under each of the sections sentenced to 10 years rigorous imprisonment with a fine of Rs.1 lac, in default thereof to further undergo one years rigorous imprisonment.

2. Briefly stated, the facts of present case are that on 312.1999 at about 10:30 PM Rajendra Singh Khangarot, the Regional Director, Narcotics Control Bureau, Jodhpur received secret information from Mukhbir that Baroch Khan s/o Murad Khan, resident of Lunon ki Basti, Sam, District Jaisalmer would cross the border from border pillar No. 743-743/1 ahead of Border outpost in the intervening night of 1st and 2nd January, 2000 with 13 to 14 kgs heroin in two big metal Degs (cooking pot). Acting on the said information received from Mukbir, the Regional Director of Narcotics Control Bureau constituted a team of officers whi

































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