KEWAL SINGH S/O SH.BAKHTAWAR SINGH, BY CASTE RAJPUT, RESIDENT OF BHURTIA, PRESENTLY RESIDING AT KHANSINGH KI DHANI, BARMER DEPOT, BARMER. (AT PRESENT LODGED IN CENTRAL JAIL, JODHPUR) Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(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 Sec. 8/15 of the Narcotic Drugs and Psychotropic Substances Act and has imposed rigorous imprisonment of ten years and a fine of Rs.1,00,000.00, 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 Sec. 42 and subsection (2) of Sec. 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.