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1994 Supreme(Raj) 360

B.R.ARORA
Mool Chand – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mridul Jain and L.D. Khatri, for Appellant C.R. Jakhar, and B.S. Bhati, Public Prosecutors

Honble ARORA, J. — This appeal is directed against the judgment dated 31.5.93, passed by the Sessions Judge, Jaisalmer, by which the learned Sessions Judge convicted accused-appellant Mool Chand for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to undergo ten years rigorous imprisonment and a fine of Rs. 1,00,000/- and in default of payment of fine further to undergo 21/2 months rigorous imprisonment.

(2). Appellant Mool Chand was tried by the learned Sessions Judge, Jaisalmer, for the offences under Sections 17 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act). The case of the prosecution is that on 21.2.90, Deputy Superintendent of Police Mr. Murlidhar received a secret information through PW 6 Arjun Singh that accused Mool Chand is engaged in the sale of opium in his shop and he is not having any valid licence for the same. Mr. Murlidhar entered this information in the Roznamcha and thereafter, alongwith PW 8 Hanuman Ram, Constables PW 6 Arjun Singh, Pep Singh, Shaitan Singh and Head Constable Punjraj Singh went to the "Shiv General Store" the shop of the appellant. The accused-appellant





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