Babul Khan @ Aslam Khan vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 383

Babul Khan @ Aslam Khan – Appellant
Versus
State of Rajasthan – Respondent

Advocates Appeared:
For the Appellant : Mr. Rajeev Bishnoi for Mr. Vineet Jain, Sr. Adv.
For the Respondent: Mr. N.K. Rai, Spl. P.P.

JUDGMENT :

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

“It is, therefore, prayed that this appeal may kindly be accepted, the judgment of the learned Session Judge Paragraph dated 9.4.1990 be set aside and quashed and so also the conviction, and the accused appellant be acquitted of the charge levelled against him.”

2. This Criminal Appeal has been preferred against the judgment, dated 09.04.1990, passed by the Sessions Court, Pratapgarh whereby the appellant were convicted for the offence under Sections 8/18 of the N.D.P.S. Act, 1985 and were sentenced to undergo 10 years R.I. along with a fine of Rs. 1 Lakh, in default of payment of which he was to undergo further 2 years R.I.

3. Learned counsel for the appellant submits that it is the version of the prosecution that an alleged recovery of 1.300 k.g. morphine was made from the appellant on 12.04.1988 in the morning hours of Rajpuriya Barrier on the Mandsore – Pratapgarh Road from the dicky/toolbox of a motor cycle. And that, it was alleged that the appellant was seen coming towards nakabandi conducted by P.W. 7 Inspector, Narcotics-Neemach, Shri Surendra Sharma while he was on