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2012 Supreme(Raj) 1258

R.S.CHAUHAN
State of Rajasthan – Appellant
Versus
Unkar Singh – Respondent


Advocates:
For the State: O.P. Singharia P.P.
For the Respondents:Farzand Ali, Advocate.

JUDGMENT

1. - The State is aggrieved by the judgment dated 04.11.2008 passed by the Special Judge, (NDPS Cases) cum District & Sessions Judge, Rajsamand, whereby the learned Judge has acquitted the accused-respondent Nos. 1 to 9 for offences under Sections 8/15, 8/29 and 8/25 of the NDPS Act, ('the Act', for short).

2. Briefly the facts of the case are that on 02.04.2007, the SHO, Police Station Diwar, Mr. Idan Singh (P.W.16), received an information at 12:15 PM, whereby he was informed that a jeep, bearing registration No. RJ 21 GA 0224, is loaded with doda post. The said jeep is being driven by four or five person coming from the side of Gomti. The said information was sent to the higher officer in compliance with the requirement of Section 42(2) of the Act. The said information was sent through constable, Prabhudayal. Subsequently, the SHO had reached Satpaliya Choraha along with Chun Singh (P.W.3) and Mohan Singh (P.W.4), as independent recovery witnesses. Around 2:10 PM, the police party saw a jeep coming from the side of Gomti. The moment the persons travelling in the jeep saw the police party, they turned the jeep around. Out of the six persons sitting in the jeep, five perso












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