Har Lal vs State - 2022 Supreme(Raj) 382

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2022 Supreme(Raj) 382

PUSHPENDRA SINGH BHATI
Har Lal – Appellant
Versus
State – Respondent

Advocates Appeared:
For the Appellant : Mr. Arjun Rathore.
For the Respondent: Mr. Mahipal Bishnoi, P.P.

JUDGMENT :

1. This Criminal Appeal under Section 374 Cr.P.C. has been preferred praying for the following reliefs:-

“It is therefore respectfully prayed that

1. Appeal of accused appellant may kindly be allowed.

2. Judgment and order dated 6-9-89 passed by the Additional Session Judge Barmer may kindly be quashed and set aside.

3. Accused appellant may kindly be acquitted of the charge for the offence under section 20 (ii) of the NDPS Act, 1985.

4. Any other appropriate order in favour of the accused appellant which this Hon’ble court thinks fit may also be passed.”

2. This Criminal Appeal has been preferred against the judgment, dated 06.09.1989, passed by the learned Addl. Sessions Judge, Barmer in Criminal Case No. 24/88 whereby the appellant was convicted for the offence under Section 20 (ii) of the NDPS Act, 1985 (“the Act of 1985”) and was sentenced to 10 years R.I. along with a fine of Rs. 1 lakh, in default of payment of which he was to further undergo 1 year R.I.

3. Brief facts of the case as placed before this Court by the learned counsel for the appellant are that on 24.09.1987 Bhera Ram, Head Constable at Police Station, Gudamalani along with two other officers, Shobh Isngh and