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2004 Supreme(Raj) 1486

KHEM CHAND SHARMA
Jagdish Teli – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Accused/Appellant:Arvind Kumar Gupta, Advocate.
For the State: Rizwan Alvi, Public Prosecutor.

JUDGMENT

1. - This criminal appeal under section 374 Cr.PC. by appellant Jagdish Teli arises out of the judgment and order dated 7.11 2000 passed by the Additional Sessions Judge, Kishangarh, Ajmer, thereby convicting and sentencing the appellant as under:

Offence under section

Sentence awarded

8/18 of the NDPS Act

10 years' rigorous imprisonment with a fine of Rs. 1,00,000/-, in default of payment of fine to undergo 1 year's rigorous imprisonment.

8/21 of the NDPS Act

10 years' rigorous imprisonment with a fine of Rs. 1,00,000/-, in default of payment of fine to undergo 1 year's rigorous imprisonment.


2. On 3.1.2000 at 9.00 PM, PW 2 Mahendra Singh submitted a written report, Ex.R 9 at Police Station Madanganj, district Ajmer, on the basis of which a case vide FIR, Ex.P.10 was registered. It was alleged in the report that on 3.1.2000 at 5.15 PM, PW 1 Shiv Narayan, ASI, Incharge, Chowki Madargate received secret information, Ex.R 1, on telephone that the appellant was in possession of narcotic drugs and that huge quantity of narcotic drugs can be recovered from his possession. The ASI, in turn, informed the Superintenden
























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