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2000 Supreme(Raj) 1449

SUNIL KUMAR GARG
Yusuf – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:Sandeep Mehta, Advocate.
For the State: I.S. Pareekh, Public Prosecutor.

JUDGMENT

1. - The abovenamed accused-appellant has preferred this appeal against the judgment and order dated 18.12.1999 passed by the learned Sessions Judge, Pratapgarh in Sessions Case No. 116/94, by which he convicted accused-appellant under section 8/18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as `the NDPS Act') and sentenced him to undergo ten years' rigorous imprisonment and a fine of Rs. one lac, in default of payment of fine, to further undergo RI for six months.

2. The facts giving rise to this appeal, in short, are as follows :

On 5.5.1994, PW 4 Shiv Prasad, Additional S.P., Pratapgarh received information from Mukhbir to the effect that in the evening in the Bus, which was going from Pratapgarh to Ahmedabad via Dhariyawad, accused-appellant would carry with him contraband opium. The said information was reduced in writing by PW 4 Shiv Prasad to make the compliance of Section 42(1) of the NDPS Act and, thereafter, for making further compliance of the said Section, that information was also sent by PW 4 Shiv Prasad to S.P., Chittorgarh through Ex.P/6. Thereafter, PW 4 Shiv Prasad alongwith PW 6 Prasan Kumar, Dy.S.P., PW 8 Raman Lal,




























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