VISHNU KUMAR Vs. THE STATE OF M.P.

JUDGEMENT

(1.) The appellant has convicted vide judgment and order dated 20.02.2018 passed in Special Case No. No.05/2015 by Special Judge, NDPS, Biora District Rajgarh whereby the learned Special Judge has held the appellant guilty for the offence punishable under Section 8/15(c) of NDPS Act, 1985 for having 225KG of poppy straw and sentenced him for 10 years of R.I. and fine of Rs. 1,00,000/- with default stipulations.

(2.) The prosecution case in brief is that on 18.05.2017, ASI Gangaprasad Mishra of Police Station Machalpur District Rajgarh received an information that some persons coming from Jeerapur and going to Bakani, crossing area of Police Station by Scorpio bearing registration No.MP-09-CG-3339 and carrying some contraband. After necessary preparation and taking paraphernalia, he reached on the pointed spot, intercepted the vehicle. The person sitting in the vehicle managed to escape. Vehicle was seized and on search, 225KG poppy straw was recovered. The contraband was seized and other formalities were completed on the spot. Thereafter, the vehicle alongwith the contraband brought to the police station and after scribing the FIR, Crime No.137/17 was registered at Police Station. During investigation, the police recovered photocopy of an agreement from Bhupendra Chouhan PW-7, who was the registered owner of the vehicle, he revealed before the police that through that agreement he had sold the vehicle to the appellant and handed over the possession of the same on the date of agreement i.e. 20.02.2017. Thinking that, the investigating Officer has discharged his responsibilities and holding that it was the present appellant who was carrying the contraband, the police filed the charge-sheet before the Court against the appellant alongwith one co-accused Rajulal, who later, acquitted by the learned trial Court vide impugned judgement.

(3.) The appellant was charged under Section 8/15(c) of NDPS Act, 1985. He abjured his guilt. After appreciating the evidence, the learned trial Court held him guilty and punished as stated in para 1 above.