HANIF KHAN MUSALMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the impugned judgment dated 30/10/2009 passed by the learned Special Judge, (Constituted under the provisions of Narcotic Drugs and Psychotropic Substances Act), Rewa in Special Supplementary Case No.7/2006 whereby the appellant has been convicted for offence punishable under Section 20(b)(iii) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') and sentenced to Rigorous Imprisonment for 10 years and fine of Rs. One lakh. In default of payment of fine, he shall further suffer rigorous imprisonment for two years.

(2.) IT is undisputed on record that co-accused Shri Ram Gupta S/o Ram Lakhan Gupta was tried and convicted by the trial Court vide its judgment dated 26.9.2006. At the time of aforesaid trial, present appellant/accused was absconded, therefore a supplementary charge sheet was filed against him and after completion of trial, he has been convicted and sentenced as mentioned hereinabove.

(3.) LEARNED Special Judge framed the charges under Section 8/20(b)(iii) read with Section 29 of the NDPS Act against the appellant. Appellant abjured the guilt and pleaded false implication. He took the plea of alibi that he was not on spot at the time of alleged incident. He adduced defence witnesses namely Kaneej Fatma (DW1), wife of the appellant, and Abdul Kalam (DW2) Dinesh Singh (DW1) in his defence.