RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') against the judgment dated 20/03/2013 passed by Special Judge (N.D.P.S. Act), District Indore in Spl. S.T. No. 18/2010, whereby the appellant has been convicted for offence under Section 8/18(b), 29 of Narcotic Drug and Psychotropic Substance Act, 1985 (for brevity, 'the Act') and sentenced to undergo 10 years R.I with a fine of Rs. 1,00,000/-, in default of payment of fine, to further undergo 1 year R.I.

(2.) The prosecution story, briefly stated, is that on 12/04/2010, S.H.O., Pratik Rai, Police Station Narcotics Cell, Indore, received a secret information from informant that one person namely Mayur, resident of Mandsaur is coming to Indore along with 3 Kgs., of Opium, which he is going to deliver to the present appellant-Rajesh @ Raju Rajasthani at Sirpur Lake Garden at 7.00 pm. On the basis of this secret information, Police force, apprehended two persons in Sirpur Lake Garden and enquired them about their names and whereabouts and further briefed them about the information received and expressed that they want to conduct search. On consent given by the accused persons, they were subjected to search. Allegedly, in the search, police recovered 3 kgs and 102 grams of opium from Mayur, which he kept in a plastic bag. After completing necessary formalities, Police arrested Mayur and the present appellant and registered FIR bearing crime No. 02/2010 for offence under Sections 8,18 of 'the Act'. After due investigation, charge-sheet was filed against the appellants/accused persons.

(3.) Appellant was charged for offence under Section 8/18(b), 29 of 'the Act'. He abjured his guilt and took a plea that he has been falsely implicated in the present crime. During trial, the prosecution, in order to bring home the guilt, examined as many as 13 witnesses and exhibited 49 documents. None was examined in the defence.