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2024 Supreme(Raj) 931

BIRENDRA KUMAR
Kewal Singh S/o Sh. Bakhtavar Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vijay Raj Bishnoi, Mr. Bhanwar Lal Dudy
For the Respondent: Mr. Dhan Raj Vaishnav, PP

ORDER :

1. Heard the parties.

2. Both the appellants faced trial in Criminal Case No.200/2016 arising out of FIR No.03/2008 registered at Baytu Police Station for offence under Section 8/15 NDPS Act. Since appellant - Kewal Singh was absconding on the date of judgment, another appellant Dinesh @ Diniya @ Lala Ram was convicted by judgment dated 26.09.2019 and was awarded with ten years rigorous imprisonment and fine of Rs.1,00,000/- in default of payment of fine, one year simple imprisonment was ordered. Later on Kewal Singh was also apprehended and he was convicted by the impugned judgment dated 19.01.2024 and same sentence was awarded against him as well.

2. The prosecution case as disclosed in the statement of PW-10 Manish Charan is that on 15.01.2008, he was posted as Officer In-Charge of Baytu Police Station. He along with police party had intercepted a scorpio vehicle bearing Registration No. RJ-14-U-4559, of which Mr. Mool Singh was driver (Mool Singh is reported dead). Appellant Kewal Singh was sitting beside the driver and appellant Dinesh was seen fleeing from the place of interception of the vehicle. From the said vehicle, seven bags of doda post were recovered. They had no

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