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2024 Supreme(Raj) 819

BIRENDRA KUMAR
Tiloka Ram, S/o. Shri Dwarka Ram – Appellant
Versus
State of Rajasthan, Through PP – Respondent


Advocates Appeared:
For the Appellant : Mr. Vikram Singh, Mr. Ramdev Purohit, Mr. Himanshu Pareek.
For the Respondent: Mr. Anees Bhurat, PP., Mr. C.P. Marwan.

JUDGMENT :

Birendra Kumar, J.

1. The sole appellant Triloka Ram faced trial in Sessions Case No.36/2020 for offence under Section 8/21 NDPS Act and was convicted by the impugned judgment dated 07.11.2022 and sentenced as follows:-

    “15 years rigorous imprisonment and fine of Rs.1,00,000/- and in default of payment of fine further to undergo 3 years simple imprisonment.”

The aforesaid conviction and sentence is under challenge in this appeal.

2. The prosecution case is that District Special Team of the police was constituted by the Commissionerate level Police Officer to looking after law and order as well as menace of crime within the territorial jurisdiction.

3. On 26.01.2020, the said team was patrolling near PTM circle Mr. Kanta Singh (PW-1) Inspector of Police was leading the team. Near PTM circle, they noticed a man carrying a carton. At about 2:30 AM, the man was intercepted. He was the appellant and from the carton, 750 tablets of Tramadol Hydrochloride and 2550 tablets of Alprazolam were seized. The appellant had no license to keep and sell those drugs. Hence, the appellant was taken into custody. Samples from the drugs, for forensic examination, were also taken out at the spot an

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