S.L.KOCHAR
Gopal – Appellant
Versus
State of Madhya Pradesh – Respondent
Judgment
S.L. Kochar, J.— This is an appeal preferred by the appellant, against the judgment passed by III ASJ Mandsaur in ST No. 18/94 on 27-2-1997, thereby convicting the appellant, for the offence punishable under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the Act’) and sentencing him to undergo RI for 10 years with fine of Rs. One lac, in default of payment of fine further RI for 2 years.
2. The facts necessary for dis-posal for this appeal, are that on 28th September 1993, the SHO of Police Station Afajalpur, received information from informant/Mukhbir that one Gopal Kumawat of village Lasudawan would be going to village Badwan along with illicit opium. On the basis of the said information, Exh. P/1, SHO O.P. Dube (PW 8) made a Panchanama of the information in presence of witnesses Subhash (PW 1) and Dulesing (PW 2) and sent the information Exh. P/15 to SDOP Sitamau, along with a copy thereof with constable Heeralal (PW 6) which was received by reader Abdul Gafur Mansuri (PW 7). Thereafter, SHO O.P. Dube (PW 8) alongwith police force reached the field of one Mohan Gayari and arranged the trap. As soon as Gopal came there along with th
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