RADHEY SHYAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the High Court of Judicature of Madhya Pradesh in Criminal Appeal No. 369 of 2003, dated 05.12.2006, the appellant is before us in this appeal. By the impugned judgment and order, the High Court has confirmed the judgment and order passed by the learned Special Judge (under the Narcotic, Drugs and Psychotropic Substances Act, 1985) in Sessions Trial No.76/2002, dated 31.01.2003.

(2.) The appellant-accused is alleged to have sold 10 bags of poppy husk (total quantity of about 162 Kg.) for Rs.1500/- to other two co-accused Bhuma and Rama, who were found in possession of the said poppy husk. The only evidence that was led by the Prosecution, insofar as the appellant is concerned, is the statement made by the appellant under Section 67 of the Narcotic, Drugs and Psychotropic Substances Act, 1985 (hereinafter, for the sake brevity, referred to as "the NDPS Act"). Based on the aforesaid statement so made, the learned Sessions Judge has convicted and sentenced the appellant to rigorous imprisonment for a period of 10 years with fine of Rs.1 lac under Section 8 read with Section 15(c) of the NDPS Act.

(3.) It is the aforesaid order which was questioned by the appellant before the High Court in Criminal Appeal No. 369 of 2003. As we have already noticed, the High Court has confirmed the orders passed by the learned Sessions Judge.