SAKHAWAT KHAN Vs. STATE OF M P

JUDGEMENT

(1.) -This appeal is filed against the judgment and order dated 13.8.1997 passed by the High Court of Madhya Pradesh Bench at Indore in Criminal Appeal No. 212 of 1996, whereby the High Court has confirmed the judgment and order dated 30.11.1995 passed by the Additional Sessions Judge, Jaora, in Sessions Trial No. 251 of 1991 convicting the appellant under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced him to undergo rigorous imprisonment for 10 years and a fine of Rs. 1,00,000 and in default in the payment of fine, further rigorous imprisonment of 3 years.

(2.) IT is the prosecution case that on receipt of the information that two persons were standing near Circuit House Junction on Mhow-Neemuch road which was recorded in rojnamcha (Daily Diary) Ex. P. 7, Sub-Inspector, Raj Kumar Singh (P.W. 3) along with panchas and police force went there and searched two persons who were standing there. One of them was the appellant and another Shakil Ahmed. Shakil Ahmed absconded and, therefore, his trial was separated.

(3.) LEARNED counsel thereafter submitted that in the present case, mudammal article was not properly kept at the police station and in any case, mentioning of a crime number on the slip attached to the polythene bag clearly indicates that someone has opened the cloth bag wherein the polythene bag was kept because crime number could not be mentioned at the spot as no F.I.R. was registered at that time.