KAMAL Vs. STATE OF MP

JUDGEMENT

(1.) Judgment passed in this criminal appeal shall also govern the disposal of Criminal Appeal No. 1469/2010 pradeep v. State of M.P. since it has been filed against the judgment which is also impugned in this appeal.

(2.) Appellant has filed this appeal being aggrieved by judgment of conviction and order of sentence, dated 30.11.2010 passed in Special Case No. 11/2008 by Special Judge, NDPS Act Ratlam, M.P. thereby convicting the appellant for the offence punishable under section 8/21 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and sentencing him to undergo RI for 5 years with fine of Rs. 5,000/- with default stipulation.

(3.) The appellant has challenged the impugned judgment on the ground that learned trial Court erred in convicting him and failed to consider the fact that mandatory formalities lying under sections 42, 50, 52, 55 and 57 of NDPS Act have not been followed.