LADULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant herein has been convicted and sentenced as below vide the judgment dated 13.08.1999 passed by learned Special Judge, NDPS Act Cases, Bhilwara in Sessions Case No.38/1998 as below:- Offence Under Imprisonment Fine Sentence in Section default of fine 8/18 of NDPS 10 years' R.I. Rs.1,00,000/- 6 months' RI Act

(2.) The instant represented appeal (No.520/1999) and the Jail Appeal (No.606/99) have both been preferred by the appellant Ladulal under Section 374 (2) Cr.P.C. for assailing the judgment dated 13.08.1999. Since both these appeals arise out of a common judgment, the same are being heard and decided together.

(3.) Brief facts relevant and essential for disposal of the instant appeal are narrated hereinbelow:- As per the prosecution case, the appellant was apprehended by Shri Sumer Singh (PW.5), SHO PS Asind, Bhilwara on 08.07.1998 while carrying suspected contraband opium weighing 250 grams. Before proceeding to undertake the personal search, the Seizure Officer Shri Sumer Singh (PW.5) allegedly gave a notice (Ex.P/2) under Section 50 of the NDPS Act to the appellant, the substratum whereof reads as below:-