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1996 Supreme(Raj) 409

S.C.MITAL
Ram Swaroop – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M.L. Garg, for Appellant J.P.S. Chaudhary, Public Prosecutor

Honble MITAL, J. – This appeal is directed against the judgment and order of sentence dt. 15.1.96 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substance Cases (District and Sessions Judge), Hanumangarh. The appellant has been convicted under Section 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as `NDPS Act) and sentenced to undergo 10 years R.I. and a fine of Rs. 1 lakh or in default to undergo two years R.I.

(2). Briefly stated, the prosecution case is that SHO Antar Singh received a Mu- khbir information that a person wearing white shirt and trousers with a bedding and one bag is sitting in the waiting hall of bus stand. Hanumangarh town and will proceed by Sadulshahar Bus. He is in illegal possession of poppy straw powder. This information was taken down as Ex. P-1 and forwarded to superior officer by wireless message Ex. P-3 and also entered in Rojnamcha 1552 Ex. P. 2. Station Ho- use Officer Antar Singh proceeded to the place with two motbir witnesses and the appellant was found sitting there who tried to go out but he was detained. After serving notice under Section 50 of the NDPS Act search was conducted and popply str









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