RAHIMUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two appeals arises out of the judgment of conviction of both the appellants for offence under Section 8/21(C) and 29 of the Narcotics Drugs and Psychotropic Substances Act with respect to the incident dated 28.02.2002. It is alleged that 1 Kg of heroin was seized from the possession of Rahimuddin. Both the appellants were travelling in vehicle White Tempo Trax MP 09 KC 1469.

(2.) ACCORDING to the prosecution, on receipt of secret information at Ratlam, the raiding party came to Indore, where as per the information, Rahimuddin was supposed to come alongwith contraband and both these appellants were apprehended and from the possession of Rahimuddin two polythene bags about 1 Kg of heroin was seized. According to Rahimuddin, infact it was one envelope and it was the same material which was kept in two polythene bags one inside the other.

(3.) LEARNED senior counsel appearing for the appellant submits that without going into the merits of the case, he would be satisfied if considering the judgment of the Apex Court in the case of Shantilal Vs. State of M.P. (2008) 1 SCC (Cri) 1, the sentence awarded to the appellant for non-payment of fine be reduced.