ATIK Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant Atik being aggrieved by the judgment dated 30th June, 1997 passed by the Court of Shri S. N. Sharma, Sessions Judge, Shajapur in ST. no. 492/1992, by which the appellant has been convicted under section 8(c) /18 of the NDPS Act and sentenced to rigorous imprisonment of ten years along with fine of Rs. 1,00,000/-

(2.) ACCORDING to the prosecution story, in the night of 21/04/1991, PSI Prakash Batham along with constables Rajaram, Bhanusingh, Harishchandra, Mangilal during petrolling stopped a truck bearing registration no. CPM- 8423 and brought it to the police station, in which 43 cows and oxen were packed for slaughtering at Maharashtra, hence crime no. 105/1991 was registered. Driver of the truck was Samiullha and the businessmen of the cows and oxen were Atik, Farukh. On search of the truck before the witnesses Rajendra Desai and Radheshyam, from the black coloured bag of Atik, 260 grams opium was found in a polythene bag, which was identified as opium. The samples of 10 grams was taken out and sealed. Accused Atik informed that Samiullha, Farukh are taking the cows for slaughtering and the opium as a sample to Bombay, hence crime no. 106/1991 was registered against accused persons. After investigation, challan was filed against the accused Samiullha, Atik, Farukh and Ataullha Khan. Vide the impugned judgment, accused Shamiullha, Farukh and Ataullha Khan have been acquitted and the appellant Atik has been convicted as mentioned herein above. Hence the present appeal has been filed.

(3.) CONSIDERED the arguments and record of the Trial Court perused.