BUNDU Vs. STATE OF M P

JUDGEMENT

(1.) Convict appellant Bundu sb Sadi, (hereinafter accused), through this appeal presented from jail challenged his conviction under section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act 1985), and sentence of 10 years R.I. and fine of Rs. llakh, in default, further R.I. for ten years awarded by Additional Judge to the Court of Session Judge, Mandsaur at Garoth by judgment dated 17-7-1990.

(2.) The accused was prosecuted by P.S.G.R.P. Shyamgarh., The prosecution story is that on 12-12-1989, Head Constable Omendra Singh Tomar (P.W. 3) was on duty at the railway station alongwith Police Constable Sudhakar Rao (P.W. 5) and Kailash Chandra (not examined by the prosecution).

(3.) Challan was then put up against the accused. Before Special Judge (Additional Judge to the Court of Session Judge, Mandsaur at Garoth) on 15-2-1991, the accused pleaded not guilty to charge under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. In his examination, the accused admitted arrest and having been taken to police station but denied all the material allegations. He did not examine any witness in defence. The Special Judge found the accused guilty and convicted and sentenced him as already stated above.