SURESHCHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present Criminal Appeal filed under Section 374 of the Code of Criminal Procedure, 1973 is arising out of the judgment dated 25.09.2018 delivered by the Special Judge, N.D.P.S. Act, Neemuch in Special (NDPS) Case No.75/02, whereby appellant - Sureshchandra has been convicted under Section 8 r/w section 18(b) of the N.D.P.S. Act and sentenced to 12 years' rigorous imprisonment and Rs.1,50,000/- fine with the default stipulation of 1 years' of rigorous imprisonment.

(2.) As per prosecution case, the appellant was found to be in possession of 11 kg opium a narcotic substance on 18.03.2000. As per requirement of Section 50 of the said Act, a search was made. During search, a polythene bag was found in the possession of appellant. Inside said bag, two more white bags were found. After measurement it was found that appellant was carrying total 11 kg opium.

(3.) After completion of investigation, charge-sheet was filed under Section 8/18(b) of the N.D.P.S. Act. The appellant denied the allegations. Ultimately, the charge made against the appellant was found to be proved by the trial Court as described above.