STATE OF MP Vs. NAGESHWAR

JUDGEMENT

(1.) Submissions were made on the application filed under Section 378(3) of Cr.P.C. seeking leave to appeal, which has been filed against the judgement of acquittal pronounced by the Special Judge, District Mandsaur on 02.03.2019 passed by the in S.S.T. No. 16/2010, whereby the non-applicant Nos. 1 and 2 Nageshwar and Satyanarayan have been acquitted from the charges framed under Sections 8/15 of NDPS Act and No. 3 Devilal under Section 8/15 r/w 29 of NDPS Act on the ground that acquittal was non-compliance of Sections 42 and 50 of NDPS Act.

(2.) The case of the prosecution in short was that on the basis of the informant's report, the non-applicants were intercepted while they were waiting beneath a tree to allegedly hand over the contraband Poppy Straw to their persons. They were carrying three sacks made of sarees. They were given notice under Section 50 of NDPS Act to which the non-applicants apprised that they shall give their search to Omkarsingh Sub-Inspector.

(3.) Consequently, search was conducted and they were found to be carrying 100 kgs. of Poppy Straw.