PUSHKARRAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) Instant criminal appeal under Section 374 of Code of Criminal Procedure, 1973 (for short "The Code") is preferred against the judgment dated 03/04/2012 passed in Sessions Trial No. 02/2008 by Special Judge (Narcotics) Neemuch, whereby appellant has been convicted for commission of offence punishable under Sections 8/18(b) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo 11 years R.I., and fine of Rs.1.00 lakh with default stipulation.

(2.) The prosecution story in short is that on 19/08/2017, Assistant Sub Inspector, Police-Station Singoli, District Neemuch, upon receiving a secret information intercepted motor cycle bearing Registration No. RJ-35-SA-1085 going towards Kota (Rajasthan) from Ratangarh. He found that appellant Pushkarraj was driving the said motorcycle. Police briefed him about the secret information. During search, total quantity of 5.50 kgs of opium was recovered from the dicky of the motorcycle. After completing necessary formalities police arrested the applicant and registered F.I.R at crime No. 81/2007 under Section 8/18 of 'the Act'. After due investigation, charge-sheet was filed.

(3.) Appellant/accused was charged for offence under Section 8/18(b) of 'the Act'. He abjured his guilt and took a plea that he has been falsely implicated in the mater. During trial, the prosecution examined as many as 8 witnesses and has exhibited 47 documents in order to bring home the charges against the appellant/accused. Appellant/accused examined Vishal (D.W.1) and Vikram (D.W.2) in defence. Trial Court, on appreciation of the evidence adduced by the parties, pronounced the judgment on 03rd April, 2012 and concluded that the appellant is liable to be convicted for commission of offence and sentenced him as stated herein-above.