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2017 Supreme(Raj) 2339

DINESH CHANDRA SOMANI
MOHAN RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
For the Appellant :Mr. V.D. Agnihotri on behalf of Mr. B.S. Chhaba, Mr. R.K. Sharma Advocate.
For the Respondent: Mr. R.R. Singh, PP.

JUDGMENT :

DINESH CHANDRA SOMANI, J.

1. The instant SB Criminal Appeals under section 374 (2) of Code of Criminal Procedure, 1973 have been preferred by the accused/appellants against the judgment dated 14/01/2009 passed by learned Special Judge (NDPS Cases), Jhalawar in Sessions Case No. 16/2006 State v. Mohan Ram & Anr., whereby, the learned trial Court has convicted the accused/appellant Mohan Ram and Ramesh Chand for offence under Section 8/15 (c) of NDPS Act and sentenced each of them with 10 years' rigorous imprisonment and a fine of Rs. 1,00,000/-, and in default of payment of fine, to further undergo one year's rigorous imprisonment.

2. Brief facts of the case, are that on 29/09/2005, SHO, Police Station Aklera, District Jhalawar Shri Khemraj (PW-4) along with police party, was on patrolling on the Harnawada Road near brick kilns, where he saw two persons loaded with one sack each on their back and one sack was lying on the earth. When asked about contents of the sacks, they threw the sacks and tried to escape, then the police party caught them. When asked about their names and addresses, one of them introduced himself as Mohan Ram son of Surta Ram Jat and another one introduc



































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