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2022 Supreme(Raj) 674

PUSHPENDRA SINGH BHATI
Judge Singh – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Dr. R.D.S.S. Kharlia, Mr. Prahlad Singh Bhati (Pro Bono).
For the Respondent: Mr. Mukesh Trivedi, P.P.

JUDGMENT :

1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. This criminal appeal under Section 374 Cr.P.C has been preferred claiming the following reliefs:-

    “It is, therefore, humbly and respectfully prayed that this appeal of the appellant may kindly be allowed and the judgment & conviction passed by the Special Judge N.D.P.S. Act Cases against the appellant in Special case no. 11/96 on 14.2.97, may kindly be set-aside.”

3. Brief facts of the case as placed before this Court by the learned counsel for the appellant are that on 11.07.1996, at 12:15 a.m., about 9 kg. of chura-post was allegedly recovered from the possession of the appellant at the bus stand of Sardarshahar by S.H.O. Police Station Sardarshahar, P.W.-10, and that the appellant was arrested on the spot by the said S.H.O., pursuant to which an F.I.R., bearing No. 180/96, was registered against the appellant. And that, subsequently, after investigation, a charge-sheet was filed against the appellant, and after trial, the learned Special Judge, N.D.P.S. Act

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