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2019 Supreme(SC) 594

L.NAGESWARA RAO, M.R.SHAH
Gangaram – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellant(s) : Ms. Pratibha Jain, AOR
For the Respondent(s): Mr. Ravi Prakash Mehrotra,Adv. Mr. Ankit Agarwal,Adv. Mr. Rahul Kaushik,AOR Mrs. Swarupama Chaturvedi, AOR

JUDGMENT :

L. NAGESWARA RAO, J.

1. This Appeal is filed against the judgment of the High Court by which the conviction of the Appellant under Section 8 read with Section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’) and the sentence of 10 years with fine of Rs.1 lakh was affirmed by the High Court.

2. On 14.07.2000, Head Constable Shivshankar working at Police Station Singoli, District Neemuch went to village Palasiya on duty. While coming back from village Palasiya after conducting an inquiry in a complaint filed under Section 174 Cr. P.C., he found Truck No.MP- 14-/1765 parked on a road outside the village Zhantla. On checking the lorry, he found 10 bags of poppy straw, a narcotic drug under the NDPS Act, in the truck. On inquiry, the Appellant who was the driver of the truck produced permit No.198 dated 13.07.2000 issued by the District Excise Officer, Neemuch for transportation of poppy straw from the cultivators of villages Patial, Fusariya, and Dhogaon from 9:00 a.m. till 8:00 p.m. on 14.07.2000. The licence also contained names of the cultivators from the above villages. The Appellant disclosed to the Head Constab


































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