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2005 Supreme(Raj) 2324

S.P.PATHAK
Bhanwarlal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. M.L. Bishnoi for the accused Appellant.
Mr. L.R. Upadhyay, Public Prosecutor for the State.

Judgment

S.P. Pathak, J.-This appeal, in its second inning before this Court, is directed against the Judgment of conviction and order of sentence dated 24.07.2001 passed by learned Special Judge, NDPS Cases, Hanumangarh in Sessions Case No.02/2001, whereby the accused-appellant has been convicted under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to 10 years rigorous imprisonment and a fine of Rs.1 lac, in default of payment to further undergo one years rigorous imprisonment.

2. Briefly stated, the facts of the case are that on 011.2000 at 6 PM, PW. 10 Ramniwas, SHO Police Station, Pilibhanga, received an information through Mukhbir to the effect that one Bhanwarlal, who was involved in smuggling of opium, was standing at bus-stand Pilibhanga having opium in a black colour attaché and there he was waiting for some transportation to go for its selling. The information so received from the Mukhbir was recorded as Ex. P/18 and a report Ex P/10 to this

effect was sent to the Superintendent of Police, Hanumangarh with PW. 6 Satpal. Thereafter, PW. 10 Ramniwas, the SHO, Police Station, Pilibhanga, acting on t

























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