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2003 Supreme(Raj) 1624

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


For the Appellants:Mridul Jain and Manoj Garg, Advocates.
For the Party: Panney Singh, Public Prosecutor.

JUDGMENT

1. - All these three appeals arise from the judgment dated 28.3.2001 of the learned Special Judge NDPS Cases, Sri Ganganagar, therefore, I propose to dispose off all these appeals by a common judgment.

2. The appellants, three in number, have assailed the finding of learned Special Judge rendered vide judgment dated 28.3.2001, whereby they were convicted and sentenced as under:-

U/s. 8/15 of NDPS Act

To suffer rigorous imprisonment for 10 years and fine of Rs. 1 lac, in default to further suffer one year's rigorous imprisonment.

U/s. 8/29 of NDPS Act

To suffer rigorous imprisonment for 10 years and fine of Rs. 1 lac, in default to further suffer one year's rigorous imprisonment.

Sentences were ordered to run concurrently.

3. On 12.9.1995 around 7.00 a.m., Station House Officer, Madanlal received an information by Mukhbir to the effect that one truck was coming from the side of Bikaner containing bags of post doda. The information was got entered and C.O. telephonically informed the SHO. The SHO proceeded towards the side alongwith witnesses, in the meanwhile, Dy.S.P. Suratgarh also came over there around 10.00 a.m. Commander Jee









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