Pankaj Bhandari, J. - (1.) The appellant has preferred this appeal challenging the judgment and sentence dated 02.04.2010 passed by the Special Judge, NDPS Act Cases, Jodhpur in Sessions Case No.20/2008, whereby the court has convicted the appellant for offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act and has imposed rigorous imprisonment of ten years and a fine of Rs.1,00,000/-, and in default in payment of fine, the appellant has been directed to further undergo one year's rigorous imprisonment.
(2.) Counsel for the appellant has challenged the impugned order on a limited ground of non-compliance of proviso to sub-section (1) of Section 42 and subsection (2) of Section 42 of the NDPS Act. It is contended that the information was received on 13.10.2006 at 08:30 p.m.. The vehicle was stopped and searched at 11:00 p.m. and the recovery was effected at 11:30 p.m.
(3.) It is contended by counsel for the appellant that the proceedings were done after sunset and before sunrise, which is established from the statement of PW-10 Bhanwarlal, the seizure officer, who in his cross-examination has admitted that they started from the police station at 09:20 p.m.;