KALEKHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgement dt. 25-4-88, passed by the Additional Sessions Judge, Neemuch in Sessions Trial No. 167/87, thereby convicting the appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentencing him to undergo rigorous imprisonment for ten years with fine of Rs. 1,00,000/- or in default of payment of fine, to suffer R.I. for one year.

(2.) There is yet another connected appeal Cr. A. 201/88 Dinesh v. Union of India, arising out of the same judgement preferred by another co-accused Dinesh. Both Kalekhan and Dinesh were charged and tried together. Dinesh has been convicted u/s. 8/25 of the Act and similarly sentenced as accused appellant No. 1 Kalekhan. Both these appellants have been convicted and sentenced by a common judgement. The appeals were heard together and are being decided by a common judgement.

(3.) The charge against accused appellant Kalekhan was that on 11-8-87, around 5.00 a.m. in village Telankhedi he was found to be carrying 9 kg. 500 gms. opium in a car bearing registration No. RJB 7409 which was recovered from his possession. The charge against accused appellant No. 2 Dinesh was that he knowingly permitted the aforesaid car, of which he was the owner, for illegal transportation of opium.