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2023 Supreme(SC) 776

ABHAY S. OKA, SANJAY KAROL
BALLA @ FARHAT – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Raj Kishor Choudhary,Adv. Mr. Shakeel Ahmed,Adv. Ms. Pratibha Singh,Adv. Mr. Rizwan Ahmad,Adv. Mr. Amir Kaleem,Adv. Mr. Anupam Bhati,Adv. Mr. Nakul Chaudhary,Adv. Mr. T. Mahipal, AOR
For the Respondent(s): Mr. Abhinav Shrivastava, Adv. Ms. Mrinal Gopal Elker, AOR Mr. Pashupati Nath Razdan, Adv.

JUDGMENT

ABHAY S.OKA, J.

1. In these two appeals, we are dealing only with accused no.5-Balla @ Farhat, accused No.6-Habib and accused No.7- Imran.

2. It is not in dispute that appellant no.1 - Habib in Criminal Appeal No.2257 of 2011 is no more and, therefore, the said appeal insofar as appellant no.1-Habib is concerned stands abated.

3. We may refer to the prosecution case in brief. There were twelve accused and out of the twelve, it is alleged that four were absconding. The trial proceeded against the remaining eight. The prosecution case is that on 26.11.2001 after getting a consignment of Masoor loaded in a truck at Silwani for being transported to Indore, Vivek (PW-15) boarded the truck, which at the relevant time, was allegedly driven by accused no.5 - Balla @ Farhat. The case of the prosecution is that Vivek (PW-15) was carrying a cash amount of Rs.1,00,000/- (Rupees one lakh) in a bag. He was also carrying 1350 silver coins in two plastic bags. Further, the case of the prosecution is that at Silwani, one Manoj (PW-4) handed over a red bag containing currency notes worth Rs.1,00,000/- (Rupees one lakh) and a list of grocery items to be handed over to Manohar (PW-5) for purchasi

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