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2024 Supreme(Raj) 1507

BIRENDRA KUMAR
Raja Ram S/o Shri Bhairu Lal Meghwal – Appellant
Versus
Central Bureau Of Narcotics – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vijay Raj Bishnoi, Mr. Birbal Ram
For the Respondent: Mr. K.S. Nahar, Special PP for CBN

JUDGMENT :

1. The appellants and one Govind Ram (since acquitted) faced trial in Sessions Case No. 02/2019 (06/2017). On 09.03.2022 judgment of conviction was passed against appellants Raja Ram, Karu Das and Dashrath Singh. Appellants Raja Ram and Karu Das were convicted for offences under sections 8/18 (b) & 8/29 NDPS Act and appellants Dashrath Singh was convicted for offences under sections 8/25 & 8/29 NDPS Act. The learned trial Judge has sentenced the appellants with 15 years’ rigorous imprisonment plus fine of Rs. 2 Lacs and in default of payment of fine, 1 year rigorous imprisonment has been ordered.

2. In brief, the prosecution case is that Sudhir Yadav (PW-4), Superintendent of Police and Banwarilal Meena (PW-2), Sub-Inspector received secret information that on 21.07.2016 between 6:00 a.m. and 10:00 a.m., appellant no. 3 was going to send appellant Nos. 1 and 2 to Ajmer via Chittorgarh route in his Maruti Swift Dzire car, bearing registration No. RJ 09 CA 9704, to deliver about 10 - 20 kg opium (Afeem) to a smuggler. Thereafter, a preventive team was formed on 21.7.2016 itself. At around 8.30 am, the preventive team got stationed in front of a filling station at Chittorgarh

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