MEHBOOB SHAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave Granted.

(2.) The present appeals arises out of the impugned judgment and order dtd. 29/9/2011 passed by the High Court of Madhya Pradesh, Bench at Indore, in Criminal Appeal No.390/1997, whereby the High Court affirmed the judgment and order of conviction dtd. 7/4/1997 passed by the Court of Additional Sessions Judge Garoth, District - Mandsaur, Madhya Pradesh [Hereinafter referred to as the 'Trial Court.'], in Special Crl. Case No. 123 of 1996, whereby the appellant, Mehboob Shah, was convicted under Ss. 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act 1985 [Hereinafter referred to as 'NDPS'] and sentenced to undergo a rigorous imprisonment for 14 years along with a fine of Rs.1.00 Lakh, and in default of payment of fine, to undergo RI for a further period of two years.

(3.) The case of the prosecution, as emerging from the record, is that on 23/6/1996, ASI Indrabhan Singh Parihar (PW-9) received confidential information that the appellant was carrying contraband (smack), concealed in a water bottle, and was about to board the train, DN Frontier Mail, going towards Delhi. Acting upon the said information, PW-9 apprehended the appellant and allegedly recovered 100 grams of smack from the water bottle carried by him. Thereafter, PW-9 drew two representative samples of 5 grams each at the spot, seized the contraband and arrested the appellant. Consequently, FIR No.302/1996 was registered against him.