GIRDHARI ALIAS GORDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellant from jail against the judgment and order dated 25. 8. 1999 passed by the learned Special Judge, NDPS Cases, Bhilwara in Sessions Case No. 46/98 by which he convicted the accused appellant for the offence under Sec. 8/15, of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred to as `the NDPS Act') and sentenced him to undergo RI for ten years and to pay fine of Rs. one lac, in default of payment of fine, to further undergo RI for six months.

(2.) SINCE nobody was representing accused appellant as this appeal has been preferred from jail, therefore, this Court vide order dated 17. 7. 2001 appointed Shri Amitab Acharya, Advocate as Amicus Curiae to argue the case on behalf of the accused appellant and he has argued the same.

(3.) ON point No. 1, the case of the learned counsel for the accused appellant is that since the person, namely, Banshi, who gave the copy of the secret information Ex. P/1 to the higher officers, has not been produced, therefore, it can reasonably be inferred that compliance of mandatory provisions of Sec. 42 (2) of the NDPS Act has not been made and thus, the whole trial stands vitiated.