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2018 Supreme(SC) 389

N.V.RAMANA, S.ABDUL NAZEER
Union of India – Appellant
Versus
Jarooparam – Respondent


Advocates Appeared:
For the Petitioner:Mr. K. Radhakrishnan, Sr. Advocate, Ms. Sadhana Sandhu, Ms. Kiran Bhardwaj, Mr. B.V. Balaramdas, Advocates and Mr. Manish Vashishtha, AOR.
For the Respondent:Mr. Sushil Kumar Jain, Sr. Advocate, Mr. Puneet Jain, Mr. Harsh Jain, Mr. Abhinav Gupta, Ms. Christi Jain, Advocates, and Ms. Pratibha Jain, AOR.

JUDGMENT :

N.V. RAMANA, J.

1. At the outset, it may be noted that Criminal Appeal No. 742 of 2011 has already been dismissed as abated by this Court's order dated 11th April, 2016 passed by the Hon'ble Judge in Chamber. We are now called upon to deal with Criminal Appeal No. 741 of 2011 only which is directed against the Judgment and Order dated 23rd February, 2010 passed by the High Court of Madhya Pradesh, Bench at Indore in Criminal Appeal No. 621 of 2008. By the said judgment, the High Court allowed the appeal of the respondent herein and acquitted him of the charges leveled against him under Section 8/18 (B) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

2. Brief history of the case as emanated from the prosecution story is that upon receiving information from an informant on 11th May, 2004 PW7-P.K. Sinha (Inspector) laid a trap and intercepted three accused persons including the respondent herein at Bhilkhanda Square and found 7.2 kg of contraband material (opium) in the possession of the accused-respondent. Two samples were then prepared weighing 30 grams each and marked as 'A1' and 'A2' and the remaining















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