DINESH @ VINOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These appeals are preferred by the accused- appellants against the judgment and order dated 27.04.2010 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act 1985 (for short ''the Act'') at Chhatarpur in Special Case No.05/2008, whereby and whereunder each of the appellants stands convicted under Section 8(c) r/w 20

(2.) The Prosecution case unfolded at the trial, in brief, is as under:-

(3.) Learned trial Judge framed the charge against the accused-appellants under Section 8 (C) r/w 20 (b) (ii). They denied the charge. In the examination under Section 313 of the Cr.P.C., they denied all the incriminating evidence and circumstances appearing against them in the prosecution evidence. Accused- appellants Nagendra and Manju took the defence that they are the husband and wife, and they were going to Khajuraho, a tourist destination. At the barrier, R.R. Bansal stopped their car and demanded papers of it. They could not produce all the relevant papers of the car. Thereupon, he and the policemen took them to police chowki Lugasi, where the police registered a false case of seizure of Ganja against them. Accused- appellant Dinesh @ Vinod took the defence that the police had taken him into unauthorized custody some two days prior to the alleged incident and later police falsely implicated him in the case. However, none of the accused-appellants produced any evidence either oral or documentary to substantiate their defence.