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2012 Supreme(SC) 2527

T.S.THAKUR, GYAN SUDHA MISRA
Union of India – Appellant
Versus
Mohanlal – Respondent


Advocates Appeared:
For the Petitioners:- Mr. Anoop G. Chaudhary, Senior Advocate, Ms. Sushma Manchanda, Mr. Prabhat Kumar Rai and Mr. Shreekant N. Terdal, Advocates.
For the Respondents:- Mr. Sunil Verma, Kr. Kaushik and Mr. Sanjay Sharawat, Advocates.

ORDER :

1. Leave granted. This appeal arises out of an order passed by the High Court of Judicature at Madhya Pradesh, Indore acquitting the respondents of an offence punishable under Section 8/18(b) read with Section 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. The trial court had, while convicting the respondent, sentenced them to undergo imprisonment for a period of 10 years each and besides payment of a fine of Rs. 1,00,000/- each. In default of payment of they were required to undergo further rigorous imprisonment for a period of one year each.

2. In appeal, the High court has reversed the conviction and acquitted the respondents primarily on the ground that there was no evidence to prove the destruction of the seized opium as per the procedure prescribed under Section 52(A) of the Act before the conclusion of the trial. The High Court also held that since the seized contraband had not been produced before the trial court, the seizure itself was not proved by the prosecution.

3. When the matter came up before us, our attention was drawn by Mr. Anoop G. Chaudhary, learned senior counsel for the appellants to a Standing Order No. 1 of 1989 dated 13th June, 1989

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