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2009 Supreme(Raj) 2233

MAHESH CHANDRA SHARMA
Bhanwar Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:Mr. Rakesh Kumar, Advocate.
For the Party: Mr. Peeyush Kumar, Public Prosecutor.

JUDGMENT

1. - The appellants Bhanwar Lal and Anandi Lal filed this appeal against the judgment dated January 27, 2004 of Sessions Judge, Baran (Raj.) in Sessions Case No. 152 of 2001 convicting and sentencing them under section 8/15 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 to undergo 10 years' RI and pay a fine of Rs. 1.00 lakh each and in default of payment of fine to further undergo Two years' RI.

2. Brief facts of the case are that on July 24, 2001 at 4.10 p.m. Incharge Police Chowki Balunda sent a wire less message to Police Station Mangrole that he has detained two suspects having Poppy husks. On this wireless message Ramprasad (PW.13) Incharge Police Station with police force Ramswarup (HC) Mohammed Ibrahim (FC) (PW.6 Kutubdin (FC) and Abdul Rauf, HC, in Police Jeep started for Police Chowki Balunda where Vijay Kumar (PW.3), Manoj Kumar (PW.4), Shivraj Singh (PW.5) HC Incharge Police Chowki,who were on duty detained two suspects having Poppy husks in two Gunny bags. Constable Richpal Singh vide Ex. P.5 requisition slip sent to Village Baluda to bring two witnesses. On this two witnesses Malkhan (PW.9) and Mangilal, came to Police Chowki Balunda. On reach











































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