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2017 Supreme(Raj) 1915

SANDEEP MEHTA
Rajpal Jat – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellants : B. Ray Bishnoi, Mr. R.S. Gill.
For the Respondent: L.R. Upadhyaya.

JUDGMENT :

Sandeep Mehta, J.

1. These two appeals are directed against the judgment dated 23.12.2011 passed by the learned Special Judge, NDPS Act Cases, Chittorgarh in Sessions Case No. 38/2009 whereby, the appellants were convicted and sentenced as follow:-

Rajpal

8/15 (C) of the NDPS Act-18 years' R.I. and a fine of Rs. 1,80,000/- in default of payment of fine to further undergo 2 years' R.I.

Kaluram

8/15 (C) of the NDPS Act-18 years' R.I. and a fine of Rs. 1,80,000/- in default of payment of fine to further undergo 2 years' R.I.

8/25 of the NDPS Act-18 years' R.I. and a fine of Rs. 1,80,000/- in default of payment of fine to further undergo 2 years' R.I.

All the sentences were directed to run concurrently.

2. The appellant Rajpal has remained in custody for more than 8 years whereas the appellant Kalu Ram has reportedly suffered custodial period of about 6 years 4 months. Both the appellants herein were apprehended by the SHO Police Station Nimbahera on 25.03.2009 while allegedly transporting contraband poppy straw weighing 18 quintals in a m











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