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2024 Supreme(Raj) 1496

BIRENDRA KUMAR
Pappu Lal @ Dinesh Kumar S/o Shankar Lal Sharma – Appellant
Versus
State Of Rajasthan, Through PP – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ram Niwas, Mr. Birbal Ram Bishnoi
For the Respondent: Mr. Kuldeep Singh, PP, Mr. Urja Ram Kalbi, PP

JUDGMENT :

Birendra Kumar, J.

1. Appellant-Suresh Kumar has challenged his conviction by the judgment dated 13.4.2023 (on the date of judgment appellant Pappulal was absconding in the same case) for the offence under Sections 8/21 and 8/25 of NDPS Act in Sessions Case No.62/2014 (60/2010). Appellant Pappu Lal @ Dinesh Kumar has challenged his conviction for the offence under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 by the impugned judgment dated 11.10.2023 passed by learned Special Judge, NDPS Act Cases no. 2, Chittorgarh Camp Nimbahera, district Chittorgarh in Sessions Case No.62/2014 (60/2010).

The learned trial Judge has sentenced both the appellants with 10 years’ rigorous imprisonment plus fine of Rs.1 Lac and in default of payment of fine to further undergo 06 months’ rigorous imprisonment.

2. Prosecution case as disclosed in the FIR is that on 07.07.2009 at about 5.55 pm informant-Madanlal (PW-11) got information from Police Informer that two persons (the appellants) sitting on a motorcycle near Linkoda were about to cross from Choti Sadri side and Brown Sugar is kept on the right side of motorcycle (where battery is usually placed). The information w

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