MAGAN Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Magan has been convicted under Section 20 (KH) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act) and sentenced to undergo ten years rigorous imprisonment with a fine of Rs. 1,00,000.00 in default of payment of fine to further undergo rigorous imprisonment for 21/2 years by the Second AddI. Sessions Judge, Indore, in Sessions Trial No. 151 of 1987, vide judgment dated 19/8/1987.

(2.) Prosecution case in brief was that on 13/12/1986, around 8.50 p.m. in Mohanpura, Indore a Sub - Inspector on information received from a informer seized 5 gms and 200 mgs. of CHARAS from the accused appellant who pleaded guilty to the charge and it was on this plea of guilty that the appellant was convicted and sentenced as stated above.

(3.) Learned Counsel appearing for the appellant has raised only one point for consideration in this appeal. According to him the Trial Court has not considered the plea of the accused as a whole. According to him the CHARAS seized from his possession was for his personal use and when conviction is based on a plea of guilty the same should not have been split up and it should be read as a whole.