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2021 Supreme(Raj) 1274

MANOJ KUMAR GARG
Mohan Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.L. Bishnoi.
For the Respondent: B.R. Bishnoi.

JUDGMENT :

MANOJ KUMAR GARG, J.

1. The instant criminal appeal has been filed by the appellants against the judgment dated 05.06.2015 passed by learned Special Judge, NDPS Act Cases, Jodhpur in Sessions Case No. 165/2010, by which the trial court convicted the present appellants for the offence under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him as under:

OFFENCE

SENTENCE

8/18 NDPS Act

15 years Rigorous imprisonment with fine of Rs. 1,50,000/- each, in default of fine to undergo two year R.I.

2. Brief facts of the case are that on 16.05.2010, SHO P.S. Bilara received a secret information regarding transportation of opium in a black Santro car. The police party reached the road and laid an ambush. At about 08:15 PM one Black colour Santro car coming from Bilara side was stopped in which two persons were sitting who were identified as Ramgopal and Mohanlal. Upon search in the presence of independent motbirs, six bags were recovered containing total 18 kg 400 gm opium for which the accused had no license or permit. The police

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