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2021 Supreme(Raj) 1286

RAMESHWAR VYAS
Sukh Preet Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sunil Bishnoi.
For the Respondents: N.S. Bhati, Bhagirath Ray Bishnoi.

JUDGMENT :

RAMESHWAR VYAS, J.

1. The appellants-Sukh Preet Singh @ Kala and Gurpreet Singh have preferred S.B. Criminal Appeal No. 953/2016 under Section 374(2) Cr.P.C. against impugned judgment and order dated 11.03.2016 passed by Special Judge, N.D.P.S. Cases, Hanumangarh in Sessions Case No. 9/2014 (State of Rajasthan vs. Sukh Preet Singh @ Kala and Others) whereby the accused-appellants were convicted for the offence under Section 8/15(c) of the N.D.P.S. Act, 1985 and sentenced to undergo 10 years rigorous imprisonment with fine of Rs. 1,00,000/- each and in default of payment of fine, to further undergo 1 year additional rigorous imprisonment, whereas, the State has preferred S.B. Criminal Appeal No. 478/2016 under Section 378(iii) and (i) Cr.P.C. against acquittal of the accused Jasvinder Singh @ Chhinda by same judgment impugned, for the offences under Section 8/15 read with Sections 25 and 29 of the N.D.P.S. Act.

2. As per the prosecution story, on 08.08.2013, S.H.O., Police Station Tibbi, District Hanumangarh (PW-9 Swarndas) received an information that two suspected cars viz. Esteem Car No. PB-60-6999 and Indigo Car No. DL-1-C-9911 had passed from Hanumangarh side and he was

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