MEHBOOB ALI Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 31.7.2008 passed by learned Special Judge (NDPS Act), Jabalpur in Special Case No.24/06 convicting the appellant under Section 8/21 (b), 8/18(c) and 8/20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 1985 (herein-after referred to as ("the Act") and under Section 25(1A) of the Arms Act and thereby sentencing him to suffer imprisonment as mentioned in the impugned judgment, the appellant has knocked the doors of this Court by preferring this appeal under Section 374(2)of the Code of Criminal Pro-cedure. 1973

(2.) In brief the case of the prosecution is that on 30.3.2006, Sub-Inspector of Police Station Cantt R.K. Soni was discharging his duty at T.J. Crossing Sadar. Main Road at Jabalpur. At that time, Head Constable Narendra Sharma, Head Constable Narendra, Santosh, Balram and Sanjay etc wee aiso present. An information was received from the informant that in a black coloured Tata Indica Car coming from Penti Naka is containing illegal contraband articles and in that car appellant is sitting. On the basis of the information received, a panchanama was pre-pared by the said Sub-Inspector. R.K. Son and a copy thereof was sent to CSP. Gorakhpur. Ac-cording to the information received, said Sub-Inspector Shri Soni came nearby ATM of State Bank of Indore and took his position. As soon as he saw a black coloured Tata Indica Car coming towards Penti Naka, which was not having any number plate, the same was stopped and it was found that the said car was being driven by ap-

(3.) After the investigation was over, a charge-sheet was submitted before the learned Special Judge, who framed the charges punishable un-der Section 8/21 (c), 8/20(b)(ii)(B) of the Act and also under Section 25( 1-A) of the Arms Act. Need-less to say. appellant abjured his guilt and re-quested for the trial.