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VIMLA JAIN
State of Madhya Pradesh – Appellant
Versus
Deepak @ Dilip Rathore – Respondent


Advocates:
Counsel for the Parties:
For the Appellant/State:R.S. Shukla, Advocate.
For the Respondent:R.N. Yadav, Advocate.

JUDGMENT

Vimla Jain, J.— This appeal has been preferred against the Judgment dated 18.12.1996 passed by the Court of Special Judge, Narsinghpur in S.T. No.111/96., whereby the respondent has been acquitted from the charge punishable under Section 8 read with section 18 of Narcotic Drugs & Psychotropic Substance Act, 1985.

2. The brief facts of the case are that on 2.8.1996 at about 17.30, Thana In-charge, G.R.P. Police Station Gadarwara received a secret information from informer that a man, wearing maroon full pant, cream full shirt and white shoe sitting in front of Parcel Office, Gadarwara, possessed illegal contraband opium. The information was recorded by U.L. Tiwari, In-charge Police Station (PW1) in Rojnamcha No.93 dated 2.8.1996. He along with police staff namely ASI D.P. Dubey, Head Constable and 4 Constables proceeded towards the Platform No.2 and directed the Head Constable to inform the Tahsildar. He along with his staff rearched Platform No.2, met informer and reduced the said, information in writing as Panchnama Ex.P1. The Tahsildar, Gadarwara also reached there.

3. The Tahsildar alongwith police staff reached near that person/accused. On being asked, the accused to

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