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1998 Supreme(Raj) 1210

M.A.A.KHAN
Karnail Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:Mr. V.R. Bajwa,Advocate.
For the Union of India:Mr. V.S. Gurjar, Advocate.
For the State of Rajasthan: Mr. M.L. Goyal, P.P.

JUDGMENT

1. - On August 21, 1992, a preventive party comprising of N.L. Rai,lnspector (PW 8), Mohan Lal, driver (PW 1), Bajrang Lal (PW 2), Zaheen Ahmed (PW 7), Shankar Singh and Behari Singh, Sepoy, and headed by Anand Singh, Distt. Opium Officer, Kota, of the Central Bureau of Narcotics, Rajasthan Unit, was stationed at Toll Tax Check Post out-side the city of Kota (Rajasthan) on the Kota-Bundi Road..At about 5.00 p.m. Karnail Singh appellant, driving truck No. P.C.T. 9997, reached the check-post and on being given a signal by the witnesses stopped the vehicle. Balvender Singh, a body below 16 years of age and against whom report was separately made before the Children Court, Kota, was also there in the truck. He used to work as 'Khalasi' of the vehicle. The vehicle was loaded with cartons containing 'Purchooni' goods. On being questioned by Nand Lal Inspector, Karnail Singh appellant became somewhat nervous. The Inspector became suspicious of the contents of the vehicle. Since it had started raining and there was no proper place to keep the unloaded goods of the vehicle, the witnesses along with PW 3 Onkar and PW 9 Rain Lal, the two independent witnesses procured from a tea-stal





























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