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2008 Supreme(SC) 1058

P.SATHASIVAM, ARIJIT PASAYAT
Union of India – Appellant
Versus
Satrohan – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J. - Challenge in this appeal is to the judgment of the acquittal passed by learned Single Judge of the Allahabad High Court, Lucknow Bench, directing acquittal of the respondent (hereinafter referred to as the `accused) by setting aside the judgment of conviction recorded by learned Additional District and Sessions Judge, Lucknow in Criminal Appeal No.65 of 1993. The trial Court had convicted the respondent for offences punishable under Section 8(c) and 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short the `Act) and sentenced to undergo RI for 10 years and fine of rupees one lakh with default stipulation.

2. Prosecution version in a nutshell is as follows:

On the basis of secret information Sri Naseem Ahmad, an Inspector of Narcotics Department along with other officials raided the house of the respondent on 20.11.1992 at about 8.00 a.m. in village Dadari Jamalpur. The house of the respondent was searched and from his house 29 bags containing poppy straws were recovered. The respondent could not explain legal possession of poppy straws weighing 309 kgs. The respondent was arrested and after investigation charge sheet was submitte



























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