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2018 Supreme(Raj) 2132

RAMCHANDRA SINGH JHALA
Subhash – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. B.R. Bishnoi, Adv., for the Appellant; Mr. O.P. Rathi, Public Prosecutor, for the Respondent

JUDGMENT

Ramchandra Singh Jhala, J. - This criminal appeal has been filed on behalf of appellant against the judgment dated 25.4.2017 passed by learned Special Judge, N.D.P.S. Act Cases, Pratapgarh (hereinafter referred to as 'the trial court') in Sessions Case No.4/2011 whereby the accused-appellant was convicted for the offence punishable under Section 8/15 of N.D.P.S. Act and sentenced him for a period of twelve years rigorous imprisonment and imposed a fine of Rs.1,20,000/- and in default of payment of fine, further to undergo one years rigorous imprisonment.

2. Brief facts of the case are that on 22.8.2010 at 6:00 AM, Shri Pravin Tak, S.H.O., Police Station, Rathanjana (PW-13) along with police officials Ghisalal (PW-6), Premlal (PW-10), Ravinder Kumar (PW-11), Shiv Ram (PW-12) and Panna Lal, Prabhu Lal, Kamalchand after taking necessary materials reached to the Kajli Road by a Government jeep whose driver was Ramchandra for seizing the smuggling articles and conducted nakabandi on the road of Kajli to Bhameriya. During nakabandi at about 8:30 AM, they saw one golden colour bolero jeep No.R.J.26 U.A. 0210 coming from village Thada in high speed and police officials gave signal

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