NAGGA Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by the judgment dated 30/7/2004 passed by Shri J.P. Maheshwari, Special Judge, NDPS Act and 1st ASJ Neemuch in Spl. S.T. No. 84/01 by which the appellant Nagga has been convicted under S. 8/18 (b) of the NDPS Act (for short the Act) and sentenced to rigorous imprisonment of 10 years along with fine of Rs. 1,00,000/ - (one lakh) and in default of payment of fine, further imprisonment of four years rigorous imprisonment.

(2.) As per prosecution story on 7/6/2001 on information of informer, R.S. Chouhan, ASI seized 7 kg. 200 gms. of opium from the possession of the appellant Nagga. On interrogation it was informed by Nagga that the co-accused Jamnalal took him to Surajmal who has sold the opium at the rate of Rs. 3800.00 per kg. Hence challan was filed against Nagga and Jamnalal and supplementary challan was filed against Surajmal. Accused Surajmal was absconding.

(3.) It has been argued on behalf of the respondent State that 7kg. 200 gms. of opium was seized from illegal possession of the accused Nagga and the case was proved by the evidence produced by the trial Court against him. He has been rightly convicted. Appeal being baseless, be dismissed.