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2001 Supreme(Raj) 12

SUNIL KUMAR GARG
Narayan – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. R. S. Rathore, for the Appellant.
Mr. R.K. Soni, Public Prosecutor for the Respondents.

Judgment

Sunil Kumar Garg, J.-This is an appeal by the accused appellant against the Judgment dated 10-7-2000 and order of sentence dated 13-7-2000 passed by the learned Special Judge, NDPS Cases, Jodhpur in Sessions Case No. 38/98 by which he convicted the accused appellant for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act’) and sentenced him to undergo ten years’ Rigorous Imprisonment and to pay a fine of Rs. one lac, in default of payment of fine, to further undergo RI for two and half years.

.2. The facts giving rise to this appeal, in short, are as follows :On 7-6-1998 at about 6-15 p.m., P.W. 8 Mohanlal, SHO, Police Station Kotwali, Pali City registered the FIR No. 196/98 (Ex. P112) stating inter-alia that on 7-6-1998 at about 2-05 p.m. he received a secret information from Mukhbir to the effect that in Ashapura Tea Stall, which is situated on the main mandiya road, Pali, a boy aged about 20-22 years of fair colour deals in the business of purchasing and selling of illegal contraband opium. He reduced the said information into writing in Ex. P/9 to make the compliance of Section 42(1) of the
































































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