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2010 Supreme(Raj) 937

MEENA V.GOMBER
Subhan Khan – Appellant
Versus
State – Respondent


Advocates Appeared
Sudhir Jain, for Appellant-Subhan Khan;
Sanjeev Kumar Mehla, P.P., for State

Hon'ble Dr. GOMBER, J.—This appeal is directed against the judgment and order dated 23.2.2005 passed by Special Judge, NDPS Act Cases, Dholpur in Special Sessions Case No.126/2002 whereby the accused appellant Subhan Khan S/o Harila was convicted of offences under Sections 8/18 & 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced as under:

(i) For the offence under Section 8/18 of “the NDPS Act”:

Seven years' rigorous imprisonment and a fine of Rs.75,000/- and in default thereof further one year's rigorous imprisonment.

(ii) For the offence under Section 8/20 of “the NDPS Act”:

Seven years' rigorous imprisonment and a fine of Rs.75,000/- in default thereof further one year's rigorous imprisonment.

Both sentences were to run concurrently.

2. The relevant facts of the case are that on 4.7.2002 at about 9.50 am, PW-13 Babulal, Station House Officer, P.S.-Kotwali, Dholpur was informed by an informant that two persons named Subhan Khan, Thekedar and his salesman Madanlal were illegally possessing and selling Charas, Opium and Ganja at Bhang theka shop situated at Station Road and that in Subhan Khan's rented house also c

































































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