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2005 Supreme(Raj) 1890

SATYA PRAKASH PATHAK
Ramlal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. R.K. Charan, for the Accused-Appellant.
Mr. O.P. Rathi, Public Prosecutor for the State.

Judgment

S.P. Pathak, J.-The appellant has filed this appeal against the Judgment of conviction and order of sentence dated 07.01.2000 passed by learned Special Judge, NDPS Cases, Chittorgarh in Sessions Case No.305/97, 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 him to 15 years R.I. and a fine of Rs.2 lacs, in default of payment to further undergo one months R.I.

.2. Briefly stated, the facts of present case are that on 04.05.1997 Ambalal (PW. 18), while posted as Sub-inspector, Police Station Kotwali, Chittorgarh, received a secret information Exhibit P/10 from Mukhbir that one Ambassador car bearing No.RJ-27C-1802 containing opium will be passing through Chittorgarh. On that day, SHO of the police station was Shri Ganpat Singh (PW. 19) but since there was visit of one of the State Ministers of Rajasthan, he had gone out at about 6:00 AM on the security duty of that State Minister and the charge of Police Station, Kotwali was handed over to Ambalal(PW. 18). Entry in Rojnamcha register Exhibit P/24 was made in this regard. The secret information fr










































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