HANNU @ HANIF Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 09.01.2007 passed by the Special Judge [under the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act')] at Bhopal in Special Case No.01/2006, whereby the appellant stands convicted under Section 8(c) read with Section 21(b) of the Act and sentenced to undergo R.I. for 2 years and to pay a fine of Rs.5000/-and in default to suffer R.I. for three months. He was tried on the charge of being found in an illegal possession of Brown Sugar (Heroin) which is an "opium derivative" within the meaning of Section 2(xvi) of the Act.

(2.) The prosecution case, in short, is that on 07th January, 2006, on the basis of information received at about 11.30 a.m., ASI M.P. Singh (PW4) at P.S. Jahagirabad, Bhopal, conducted a raid at a place, situated near Berkhedi Filter Pump where the appellant was standing.

(3.) The appellant pleaded not guilty. In the examination, under Section 313 of the Code of Criminal Procedure, he raised defence of false implication by police.