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2010 Supreme(Raj) 1082

D.N.THANVI
Parasmal – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioners:Suresh Kumbhat, Mirdul Jain and Sheetal Kumbhat, Advocates.
For the Respondents: K.K. Rawal, P.P.

JUDGMENT

1. - These are the two Criminal Appeals arising out of the judgment of the learned Addl.Sessions Judge, Banner dated 29.05.1989, whereby he convicted both the accused appellants viz; Parasmal and Jabal under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred-to as "the Act" and sentenced each of them to undergo fifteen years' RI and to pay a fine of Rs. two lacs and in default, to further undergo two and half years' RI.

2. Facts leading to these appeals are that on 19.08.1987, the SHO, Police Station Sadar, Barmer, during investigation of FIR No.29/87 came to know that accused Jabal was carrying heroin. Upon this, he after informing the Superintendent of Police, Barmer, constituted a trap party and left for the search. Accused Jabal was found carrying ten bags on the sand-dunes situated between Danta and Derasar. The police party reached on the spot on the information of 'mukhbir'. One bag was opened, wherein brown powder was found, which was tasted to be of heroin. Each of the bags was found containing one kilogram of heroin. Thirty grams of which was kept in polythene bag, sealed and marked as Ex.A1 for sending it for chemical exa







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