Hon'ble SHARMA, J.—The appellant Patrik Thomas Gairo Malujo filed this appeal against the judgment dated July 17, 2006 of Special Judge Narcotic Drugs and Psychotropic Substances Act Cases, Kota in Sessions Case No. 10 of 2004 convicting and sentencing the accused appellant under Section 8/20 of NDPS Act for 10 years RI with fine of Rs. 1,00,000 in default of payment of fine to suffer one year RI.

2. Brief facts of the case are that on November 14, 2003 at about 9 in the night on reaching 2952 UP Rajdhani- Mumbai Express at Kota Railway Station announcement was made for attending the train, on which Assistant Sub Inspector Kesar Singh and Constable Ram Prasad proceeded to attend the train at platform No. 2. On contacting by GRP staff with TS Rajdhani Express, N. Ramesh in presence of HTC Manoj Verma handed over 3 bags received vide memo A-2 to the staff after taking out the same from PC/2. Constable Ram Prasad opened the 3 bags in presence of HTC for the purpose of depositing the same in LP office then used clothes were found in 2 bags while on opening the third bag there was yellow colour foam on all the 4 sides and on the top also yellow colour foam was found. On removing the foam

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