P.K.LOHRA
Kamaal Khan S/o Shri Dilawar Khan – Appellant
Versus
State of Rajasthan – Respondent
By the instant appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.), accused-appellant has assailed judgment dated 14th of May 2015, passed by Special Judge, NDPS Cases, Pratapgarh (for short, ‘learned trial Court’). The learned trial Court by the impugned judgment, convicted appellant for offence under Section 8/21, 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’) and for offence under Section 3 read with Section 25 of the Arms Act, 1959 and handed down following sentences:
U/s. 8/21 NDPS Act 14 years’ rigorous imprisonment with fine of Rs.2 Lakhs, in default of payment of fine to further undergo one year’s R.I.
U/s. 8/29 NDPS Act 10 years’ rigorous imprisonment with fine of Rs.1 Lakh, in default of payment of fine to further undergo six months’ R.I.
U/s. 3/25 Arms Act 3 years’ rigorous imprisonment with fine of Rs.500, in default of payment of fine to further undergo one year’s R.I.
All the sentences were ordered to run concurrently.
2. Succinctly stated, the facts of the case are that on 26th of April, 2004 at 1 PM, SHO PS Suhagpura received an information, from Mukhbir pertaining to a black burkha clad lady
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