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2017 Supreme(Raj) 2320

SANDEEP MEHTA
STATE OF RAJASTHAN – Appellant
Versus
RAJESH @ RAJU @ RAJESHWAR BHAGAT – Respondent


Advocates Appeared:
For the Appellant : Mr. K.K. Rawal, Public Prosecutor.

JUDGMENT :

SANDEEP MEHTA, J.

1. By way of this application preferred under Section 378(iii) & (i) of the Cr.P.C., the State of Rajasthan craves leave to file an appeal against the judgment dated 02.07.2016 passed by the learned Special Judge, NDPS Act Cases, Bikaner in Sessions Case No.01/2008 acquitting the respondents from the charge under Section 8/20 of the NDPS Act.

2. Facts in brief are that the SHO, Police Station Bikaner Shri Chandra Prakash Pareek, upon receiving a message from the Control Room, reached the Urmul Circle and conducted a nakabandi. At about 02.30 in the afternoon, two suspects were seen coming towards circle holding a bag in their hands. Both the persons were stopped and upon an inquiry, gave out their names as Rajesh @ Raju @ Rajeshwar and Ramlal. They further divulged that ganja was concealed in the bag held by them. Upon this, the bag was searched and weighed in presence of independent motbirs and it was found that the suspects were carrying 12 Kg. 180Gm. Ganja concealed in the bag. Two samples of 250 gm. each were taken out from the contraband and sealing procedure was carried out. The accused were arrested at the spot. The contraband was seized. The accuse









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