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1988 Supreme(Raj) 885

G.K.SHARMA
Sattar Mohammed – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant: Mr. K.K. Nigam, Amicus Curiae.
For the Respondent: Mr. D.K. Mathure, P.P.

JUDGMENT

1. - This appeal from jail has been preferred by Sattar Mohammad against the judgment dated 21-6-1988 passed by the Additional Sessions Judge, No. 1, Kota, by which, he convicted the appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act (here in after to be referred as the Act) and sentenced him to 10 years' rigorous imprisonment and a fine of Rs. 1,00,000/- in default of payment of fine, to undergo one year's RI.

2. ASI Mukhpal Singh along with other Police Constables of P.S., Makbara was on patrolling on 25-3-1986. The ASI was given information by some informant that, a person named Abdul Sattar is sitting near the Ice Factory with some drug in small packets. At this the ASI along with Police Constables and Shobha Ram and Abdul Rasheed came to the Ice Factory at 10.35 a.m. He found Abdul Sattar sitting in the corner of the Ice Factory and in presence of these persons search was taken and 14 packets were found in his pocket. On opening these packets he found some narcotic content in them. These packets were weighed and the weight of the packet was found to be of 13 grams. Abdul Sattar had no licence to sell the drug so he was found to have comm









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