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2016 Supreme(Raj) 1586

PANKAJ BHANDARI
Jaipal Singh : Bhagwana Ram – Appellant
Versus
State – Respondent


For the Appellants:Mr. Sunil Bishnoi, Mr. M.L. Bishnoi, Mr. B. Ray Bishnoi, Mr. K.R. Bhati, Mr. R.K. Charan, Mr. R.S. Gill, Mr. Birbal Bishnoi, Mr. J.S. Choudhary assisted by Mr. Pradeep Choudhary, Mr. D.S. Udawat, Mr. B.S. Rathore and Mr. Tarun Dhaka, Advocates.
For the State: Mr. Rajendra Charan, Mr. B.R. Godara, Mr. O.P. Rathi, Mr. L.R. Upadyay, Mr. M.R. Pareek, Mr. R.K. Bohra, Public Prosecutor.

JUDGMENT

1. - In Noor Aga v. State of Punjab AIR 2009 SC (Supp.) 852 the Hon'ble Apex Court while allowing the appeal made following observations:-

"Before, however, parting with this judgment, we would like to place emphasis on the necessity of disposal of such cases as quickly as possible. The High Courts should be well advised to device ways and means for stopping recurrence of such a case where a person undergoes entire sentence before he gets an opportunity of hearing before this Court".

2. That was a case where muddamal/physical evidence as to recovery of bulk quantity of heroin was not produced in the court. Keeping in view the observations made by the Hon'ble Apex Court, the Registry was directed to call for the details of the cases from the Advocates and to list all cases where the 'muddamal' (material object) was not produced in the Court and also the cases where the samples were not properly drawn or the seizure officer was not authorised, thirty five of such cases were listed before this Court.

3. Before going into the merits of each case, it would be appropriate to first deal with the various judgments cited by the learned counsel for the appellants and learned Public Pr































































































































































































































































































































































































































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