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2005 Supreme(Raj) 3209

SATYA PRAKASH PATHAK
Rohtas – Appellant
Versus
State – Respondent


Advocates:
For the Appellant:Mr. V.S. Choudhary, Advocate.
For the Respondent: Mr. O.P. Rathi, Public Prosecutor.

JUDGMENT

1. - Appellant Rohtas by this appeal under Section 374, Criminal Procedure Code has challenged the judgment and order dated 24.5.2003 passed by learned Special Judge, NDPS Cases, Hanumangarh in Criminal Case No. 18/2002, whereby he has been convicted for offence under Sections 8/15(C) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to imprisonment for 10 years and a fine of Rs. 1 lac, in default thereof to further suffer simple imprisonment for one year.

2. Briefly stated, the facts of the present case are that on 6.6.2002 at 3 p.m. PW 13 Harvinder Singh holding charge of SHO, Bhadra was informed by one Police Mukbir at the police station about Rohtas s/o Pratap Singh Beniwal and Heeralal s/o Bandhram, both residents of Ramgadiya, bringing poppy husk from Rajgarh side in Jeep No. DED 7227 and carrying it for illegal sale in either Punjab or in Haryana and also informing to the effect that if they were not accosted, they may escape. A memo of this information was prepared and sent with PW 3 Sumer Singh FC No. 1158 to the Superintendent of Police, Hanumangarh and an entry in that regard was also made in the Roj








































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