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2022 Supreme(Raj) 891

PUSHPENDRA SINGH BHATI
State – Appellant
Versus
Dhokla Ram – Respondent


Advocates appeared:
S.K. Bhati, Advocate, Pritam Solanki, Advocate

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This criminal appeal has been preferred by the appellant-State against the judgment dated 29.08.1991 passed by the learned Sessions Judge, Sirohi in Sessions Case No.4/88, whereby the accused-respondents were acquitted of the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances act, 1985 (hereinafter referred to as 'NDPS act').

2. Learned Public Prosecutor appearing on behalf of the appellant-State, at the outset, submits that on account of demise of accused-respondent Dhoklaram s/o Sangram, the present appeal was dismissed as having abated qua him; and thus, the present appeal now survives only qua accused-respondent-Dhoklaram s/o Hema and accused-respondent-Lumbaram s/o Phoolaji. The amended cause title filed is already on record.

3. Learned Public Prosecutor appearing on behalf of the appellant-State submits that upon an information received from the informant (mukhbir) on 14.08.1987, blockade of the way of Village Ummedpura was done on 15.08.1987, at that time, Bhanaram, SHO of the concerned police station and his team were present there. Learned Public Prosecutor further submits that during such blockade, at about

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