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2001 Supreme(Raj) 1106

SUNIL KUMAR GARG
Sardar Singh @ Jawant Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
R.K. Charan, for Appellant Ramesh Purohit, Public Prosecutor

Honble GARG, J.–This appeal has been filed by the accused appellant against the judgment and order dated 4.9.1999 passed by the learned Special Judge, NDPS Cases, Bhilwara in Sessions Case No. (101/93) (48/94) 111/97 by which he convicted the accused appellant for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac, in default of payment of fine, to further undergo RI for six months.

(2). The facts giving rise to this appeal, in short, are as follows:-

On 27.10.1991 at about 7.45 p.m., PW-8 Bhanwarlal, SHO, Police Station Kotwali, Bhilwara prepared a parchakayami Ex.P/9 stating inter-alia that on that day as per telephonic message received from PW3 Jagdish Chandra, Head Constable, he alongwith PW1 Umrao Singh, ASI and PW6 Dhanraj proceeded towards the Roadways Bus Stand, Bhilwara from the Police Station Kotwali and when he reached Roadways Bus Stand, he found PW3 Jagdish Chandra, who pointed out to PW8 Bhanwarlal that the person, who was sitting on the bench, had contraband opium and upon this, PW-8 Bhanwarl



























































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