LAXMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 374 of the Criminal Procedure Code has been filed by the appellant/accused - Laxman S/o Jagannath Patidar against the judgment of conviction dated 18.08.2011, passed by learned Special Judge (NDPS Act) Neemuch in Special S. T. No.36/2007 convicting the appellant for the charge under Section 8 read with Section 21(c) of N.D.P.S. Act, 1985 and sentenced him to undergo 10 years RI with fine of Rs.1,00,000/- and in default of payment of fine, additional RI for 2 years.

(2.) Learned counsel for the appellant has submitted that out of total sentence of 10 years, only 50 days are left and, therefore, appeal be decided in the light of order passed by this Court on 02.11.2015 in Cr. A. No.717/2011 (Shakir v. State of M.P.) and Cr. A. No.601/2011 (Shahadat v. State of M.P.)

(3.) As per prosecution story, on 14.03.2007 ASI (Narcotics), Neemuch C.L. Verma upon receiving a secret information from Inspector - Jagdish Mawal intercepted Black Hero Honda motorcycle coming from Malhargarh bearing registration No. MP 14 BA 7940 and he found accused Laxman in the said motorcycle. He was informed about the secret information. During search, one polythene packet of Morphine was found from the pocket of his pant. Upon weighment, 275 grams of Morphine was found in his possession and he was arrested. His statement was recorded in which he has deposed that said narcotic substance was given to him by co-accused Shantilal for delivering it to one Chittod Bihari Baba.