MUKESH 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 02/12/2011 passed by Special Judge (N.D.P.S. Act), Mandleshwar, District Khargone in Spl. S.T. No.06/2011, whereby the appellant has been convicted for offence under Section 8(b)/20(b), 2(C) 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.1,50,000/-, in default of payment of fine, to further undergo 600 days R.I.

(2.) The prosecution story, briefly stated, is that on 24/02/2010 at about 2.10 pm, A.S.I. Samar Singh and his team, Police Station Kasrawad, District- Khargone, upon receiving secret information intercepted Maruti Zen car bearing registration No.MP-12-E-4149 going near Paramount school in Khargone-Kasrawad Road. The appellant was driving the vehicle. The other person on the back seat after seeing police, ran away from the vehicle. On being enquired about the person who ran away from the spot, the appellant informed police that his name is Sunil. Police intimated about the secret information and upon searching the vehicle, recovered total quantity of 22 kgs. and 500 grams, of cannabis from the back seat of the vehicle. After completing necessary formalities, Police arrested the appellant and registered FIR bearing crime No.55/2010 for offence under Sections 8/20 of 'the Act'. After due investigation, charge-sheet was filed against the appellants/accused persons.

(3.) Appellant was charged for offence under Section 8/20 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 11 witnesses and exhibited 33 documents. None was examined in the defence.