ALPESH KUMAR Vs. STATE OF RAJASTHAN
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
STATE OF RAJASTHAN
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(1.)The appellant and another were convicted by the Special Judge (N.D.P.S. Cases), Jhalawar in Sessions Case No. 177/1997 for an offence punishable under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (1985 Act). While the learned Sessions Judge gave benefit of Probation of Offenders Act to the co-accused and released him on probation, the appellant was sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of Rs. one lac and in default of payment of fine to further undergo rigorous imprisonment for one year.
(2.)His appeal before the High Court of Judicature at Rajasthan having failed, the appellant has preferred this appeal from Jail.
(3.)The prosecution case briefly is that the appellant and his co-accused were intercepted on 24th February, 1997 at abut 9.25 a.m. by P.W. 7, Ramdeo, SHO, Bhawani Mandi and after fulfilling the statutory formalities on search was found carrying two cigarettes containing 500 m. gms. each which on analysis was found to contain Heroin, a narcotic substance prohibited under the 1985 Act. Though before the trial Court and the High Court the appellant had challenged the seizure on the ground that the same is violative of the mandatory requirement under Section 50 of the 1985 Act, the same was not urged before us.
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