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2024 Supreme(Raj) 1583

BIRENDRA KUMAR
Ladu Lal Jat S/o Magna Jat – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Mangi Lal Vishnoi
For the Respondent: Mr. Dhan Raj Vaishnav, PP

JUDGMENT :

1. The sole appellant – Ladu Lal Jat faced trial in Sessions Case No.12/2019 and by the impugned judgment dated 30.06.2022 was found guilty for offence under Section 8/15 of the NDPS Act and by order of the same date was awarded rigorous imprisonment of ten years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, six months rigorous imprisonment was ordered.

2. The aforesaid trial arose out of FIR No.202/2018 registered with Bigod Police Station at the behest of PW-3 – Ram Gopal Choudhary, who was in-charge Station House Officer of Bigod Police Station. According to FIR, on 26.09.2018, PW-3 along with his police team was engaged in checking of the vehicles. At about 6:55 pm, a Bolero vehicle bearing Registration No.RJ-14-UA-9651 was intercepted and from that vehicle twelve, bags of Afeem (doda chura) was seized. Total weight of the seized contraband was 212 Kg. and 650 Grms. The appellant was driving the said vehicle and was arrested at the spot. Out of seized contraband, 300 Grms. were taken out from each of the bags and two samples were sent for forensic examination and the rest were sealed as controlled samples. The remaining contraband were sealed in

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