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2004 Supreme(Raj) 1452

SHIV KUMAR SHARMA
Shyam Lal – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT

1. - The appellant seeks to quash the judgment dated August 20, 2002 of the learned Special Judge NDPS Cases Chittorgarh rendered in Sessions Case No. 51/2001, whereby the appellant was convicted and sentenced under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') to undergo rigorous imprisonment for ten years and fine of Rs. one lack, in default to further undergo imprisonment for one year.

2. In brief the facts of the case are that the SHO Police Station Chanderia on receiving secret information on July 9, 2001 regarding transit of opium by the appellant on the High-way towards Medikheda reached at the spot with the police party and Motbirs. Around 6.30 PM a person was seen coming towards Ajolia ka Kheda. The person was identified as the appellant by Shyam Lal Constable. On being searched opium weighing 3 kg. and 500 gms. was found tying to the abdomen of the appellant. Necessary memos of against the judgment dated 20.8.2002 of Shri Radhey Mohan Srivastava, Special Judge, NDPS Cases, Chittorgarh in Sessions Case No. 51/2001. recovery, arrest etc. were drawn and after usual investigation charge sheet was filed. Charge under Se






















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