YUNUS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Sec. 374 (1) of the Code of Criminal Procedure, 1973 has been filed by the appellant being aggrieved of his conviction and sentence. The appellant stands convicted by the impugned judgment dtd. 28/7/2015, passed by the learned Special Judge (under NDPS Act), Mandsaur District Mandsaur (MP) in Special Sessions Trial No.09/2012, whereby the learned Judge of the trail court has sentenced him, as mentioned herein below: - <FRM>JUDGEMENT_22_LAWS(MPH)8_2022_1.html</FRM>

(2.) In brief, the facts of the case are that on 23/10/2011 at around 04.30 PM in the evening, the Police Mandsaur apprehended a truck bearing registration number UP-25 AT-5188 at Gram Dhandhoda Phanta on Bhavgarh-Dalauda Road. Although the truck did not initially spot, but it was chased by the Police in a Jeep and was stopped. After stopping the truck, two person got down and ran away from the spot, however, the Driver of the vehicle was caught then and there only, who informed his name to be Yunus S/o Rahmat Shah (the present appellant) and the person who ran away from the spot were Nasir and Jahid, who are still at large.

(3.) After giving the due information to the Driver, the truck was searched by PW-15 R.P. Rana, Sub Inspector and it was found that 199 white bags containing poppy straw, were surreptitiously being transported hidden beneath the 101 bags of fodder, which was seized and after mixing the contents of these bags and making a homogeneous mixture of poppy straw, its samples were taken and were sent to the Forensic Science Laboratory. The quantity of poppy straw was found to be 39 quintal and 80 kilogram.