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2018 Supreme(Raj) 2081

P.K. LOHRA
Ratan Lal @ Bhaniya Nayak – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. R.N. Bishnoi and Mr. B.S. Rathore, Advs., for the Appellant; Mr. O.P. Rathi, P.P, for the State

JUDGMENT

P.K. Lohra, J. - Accused-appellants, in these appeals, have challenged their conviction recorded by Special Judge, NDPS Act Cases, Jodhpur (for short, 'learned trial Court'). The learned trial Court, while convicting the appellants in Sessions Case No. 19/2011 for offence under Section 8/15 of the NDPS Act, by its impugned judgment dated 29 th of April 2014, handed down sentence of rigorous imprisonment for 10 years with fine of Rs.1,00,000 and in default of payment of fine to further undergo one year rigorous imprisonment. It is further ordered by the learned trial Court to extend benefit of Section 428 Cr.P.C. to both the appellants.

2. The facts, apposite for the purpose of these appeals, are that on 31 st of August 2010, SHO, PS Raipur, District Pali (PW13) received an information through Mukhbir pertaining to illegal purchase/transport of huge quantity of poppy straw by the accused-appellants from Jassa Khera to Raipur Highway in vehicle Bolero bearing registration No. RJ-27-UA-2909. Information as such is jotted down by the SHO concerned, which reads in vernacular

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