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ANIL KUMAR UPMAN
Mahesh Kumar Son Of Moolchand Mahajan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The appellant herein has been convicted and sentenced vide judgment dated 05.10.2023 passed by learned Addl. Sessions Judge No.1, Kotputli, Jaipur in Sessions Case No.31/2019 as below:-
| Offence | Sentence | Fine |
| Section 8/15 of the NDPS Act | 12 Years’ rigorous imprisonment | Rs.1,00,000/-. In default of payment of fine, 1 year’s additional RI |
| Section 8/20 of the NDPS Act | 12 Years’ rigorous imprisonment | Rs.1,00,000/-. In default of payment of fine, 1 year’s additional RI |
| Both the sentences were ordered to run concurrently | ||
2. The appellant herein has preferred the instant criminal appeal under Section 374(2) Cr.P.C. challenging his conviction and sentence, as mentioned above.
3. With the consent of learned counsel for the appellant and learned Public Prosecutor, the appeal has been heard finally. Therefore, the suspension of sentence application, filed on behalf of the appellant is disposed of.
4. Brief facts of the case are that on 23.12.2018, Shri Suresh Kumar, SI, SHO PS Pragpura along with other staff personnel were on patrolling duty. They left the police station at 3:57 PM. At about 4:40 PM, the police team reached Jo
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The conviction was set aside due to non-compliance with mandatory provisions of the NDPS Act, specifically Section 52A, undermining the prosecution's case.
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