MAHENDRA KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is filed against the judgment dated 9.03.2009 passed by the Special Judge (NDPS), Rajgarh whereby the appellant has been convicted for offence under section 8/18 of the N.D.P.S.Act and sentenced to undergo R.I. for 10 years with payment of fine of Rs.1,00,000/- and in default of payment of fine to further undergo R.I. for 3 years. In short the case of the prosecution reads as under:-

(2.) After completion of investigation, challan was filed. It is submitted that the contraband article which were seized in this case as per the story of the prosecution were not produced before the Court during the course of trial and as such, there is violation of Section 52-A of the Act which is mandatory in nature. It is submitted that on account of violation of such provisions of the Act and there being nothing on record to substantiate the reason for non-production of the contraband articles or any evidence, or certificate to show that the contraband articles were destroyed, the conviction of the appellant for offence under Section 8/18 of the N.D.P.S.Act deserves to be set aside.

(3.) Reference has been made to para 17 of the judgment which is reproduced as under:-