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2010 Supreme(Raj) 2099

KAILASH CHANDRA JOSHI
Amba Lal – Appellant
Versus
State of Rajasthan – Respondent


For the Appellants:Gaurav Singh and Sandeep Mehta, Advocates.
For the Party: Chandra Lekha, Public Prosecutor.

JUDGMENT

1. - The appellant Amba Lal s/o Prabhu Lal, b/c Baori, r/o Mangroda, Police Station, Rathanjana has filed this appeal against the judgment of conviction and order of sentence dated 10.04.2003 passed by the learned Special Judge, NDPS Cases, Pratapgarh in Sessions Case No.57/2000 whereby he convicted the accused appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to 10 years' rigorous imprisonment and a fine of Rs. 1 lac and in default of payment of fine, to further undergo one year's rigorous imprisonment.

2. The brief facts of the case , for the disposal of this appeal are that on 03.06.2000, the appellant, while in custody in case No.26/2000 for offence under section 457 and 380 IPC, gave information under section 27 of the Evidence Act, to the Station House Officer, Police Station, Dhamotar to the effect that at about one and a half month earlier, he along with his companion, had stolen opium container from Opium Weighing Centre, Dhamotar. He further stated that out of stolen opium, part of opium which fell in his share, has been hidden by him in the field. The field was bought from Bheru Lal by his father Prabhu Lal






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