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2001 Supreme(Raj) 1626

KHEM CHAND SHARMA
Biram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the accused-appellant: Rajesh Kandwal, Amicus-Curiae.
For the Public Prosecutor:Sumitra Goyal, Advocate.

JUDGMENT

1. This criminatiail appeal by accused Biram through Superintendent, Central Jail, Kota is directed against the judgment dated 18.12.1999 passed by the Special Judge, Narcotic Drugs And Psychotropic Substances Act Cases, Jhalawar, thereby convicting the accused appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the "NDPS Act") and sentencing him to 10 years rigorous imprisonment with a fine of Rs. one lac, in default of payment of fine, to further undergo one year's rigorous imprisonment.

2. The prosecution case, in nut shell is that on 29.6.1998, PW 13 Sukhdeva Ram Chaudhary, SHO, Police Station, Aklera received an information on wireless to the effect that one person aged 40 years wearing white Dhoti and Kurta, with artificial leg in place of imputed right leg, having in his possession one white plastic bag containing opium had proceeded in a Roadways bus from Police Station Manohar to Kota. The SHO recorded this information in 'rojnamcha' and sent the information to the Superintendent of Police, Jhalawar through Constable Daya Shanker. Thereafter, the SHO along with police staff proceeded and got the



















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