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2011 Supreme(Raj) 225

R.S.CHAUHAN
Bheru Lal – Appellant
Versus
Union of India – Respondent


Advocates Appeared
A.K. Gupta, for Appellants;
Laxman Madanani, for Union of India

Hon'ble CHAUHAN, J.—Having been convicted for offences under Sections 8/18 of NDPS Act ('the Act', for short), having been sentenced to fifteen years of rigorous imprisonment, having been fined Rs.2 lacs, and having been directed to further undergo a sentence of six months of rigorous imprisonment in default thereof, vide judgment dated 17.3.2004, passed by the Special Judge, NDPS Cases and Additional Sessions Judge, Ramganj Mandi, District Kota, the accused-appellants have approached this Court.

2. Briefly the facts of the case are that on 22.01.2001, G.L. Meena (PW-3), Superintendent, Central Narcotics Bureau, Bhawani Mandi, received a secret information that in case he were to search the house of Bheru Lal, appellant No.1 ('A-1', for short), he is likely to discover opium being hidden in the house. Upon this information, he constituted a raiding party. Around 2:30 PM, the raiding party reached the house of A-1. A-1 was present at his house at the relevant time. An Inspector, Mr. Niranjan Guru (PW-1), informed A-1 that they have secret information that he has concealed opium in his house. Therefore, they would like to search the house. They also gave him a notice under Section 50
















































































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