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2016 Supreme(Raj) 690

SANDEEP MEHTA
Nagu Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :Mr. B.S. Rathore, Advocate.
For the Respondent: Mr. Rajesh Bhati, P.P.

JUDGMENT :

Sandeep Mehta, J.

1. The appellant Nagu Singh has approached this Court being by way of this appeal assailing the judgment dated 30.6.2015 passed by the learned Special Judge (NDPS Act Cases), Pratapgarh in Special Sessions Case No.36/2006 convicting him for the offence under Section 8/15 of the NDPS Act and sentencing him to suffer 11 years’ R.I. and a fine of Rs.1 lac each, in default of payment of fine, to further undergo six months’ additional R.I.

2. Facts essential and necessary for the disposal of the instant appeal are noted herein below.

3. The SHO Police Station Choti Sadri Shri Rajiv Joshi, acting on the basis of a prior information, claims to have conducted the search of a house allegedly owned by the appellant at the village Charliya, District Pratapgarh on 26.4.2006. It is alleged that from inside a small room located in the house of the accused appellant, the key whereof, was supplied by him, contraband poppy straw having gross weight of 200 kgs. was recovered lying packed in five separate gunny bags. The accused could not provide any licence or permit for possession of the poppy straw. The Seizure Officer collected 500 gms. of contraband from every bag. He pr















































































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