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1989 Supreme(Raj) 252

N.C.KOCHHAR
Mohammed – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Vijay Bishnoi, for Appellant; Vimal Mathur, Public Prosecutor

N.C. KOCHHAR, J.—Appellant Mohammed was tried in case F.I.R. No. 15 dated 4.3.1988 of Police Station, Chauhtan district Barmer by Shri Brij Lal Additional Sessions Judge, Barmer, under section 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of 15 years and to pay fine of Rs. 1,00,000/- and in default of payment of fine to under go rigorous imprisonment for a further period of one year, vide judgment and order dated 18.8.1988.

2. The prosecution story was as under.

3. On 4.3.88, at about 7.30 p.m. PW 8 A.S.I. Shivchand received a secret information in Police Station, Chauhtan that the appellant was dealing in drugs and on that date he has agreed to sell one kg. of heroine and would come to Chauhtan via Paradia with that quantity of heorine. He recorded this information in the daily diary and brought this to the notice of PW 7 Ramsingh, who was then posted as the S.H.O. of that Police Station. The S.H.O. informed PW 1, who was then working as Deputy Superintendent of police and was present in Police Station, Chauhtan. A police party, consisting of the S.H.O., A.S.I. Shiv Chand and other police staff, was fo









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