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2005 Supreme(MP) 955

A.K.GOHIL
MANOHARLAL MEHRE – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
Pawan Vijayvargiya, V.G.Khot,

Judgment

( 1. ) BEING aggrieved by the judgment dated 28-11-2000 passed in Special Case no. 4/2000 by Special Judge (NDPS) and Additional Sessions Judge, Gwalior, whereby convicted the appellant under Section 8/15 of the Narcotic Drugs and psychotropic Substances Act, 1985 (hereinafter, referred to as the Act) and sentenced to 10 years R. I. with fine of rupees one lac; in default of payment of fine further to two years R. I. ; the appellant has filed this appeal. ( 2. ) AS per prosecution story, on 16-2-2000 Incharge of Police Station g. R. P. , Gwalior received this information from Station Superintendent that in train No. 2155 Dn. presence of bomb has been suspected and the train is standing at Rairu Station near Gwalior. On receiving this information Incharge g. R. P. went to Rairu Station and searched Bogie No. CR 99420 and while searching one broken suitcase was lying in the laboratory. Thereafter, intensive checking was conducted. They found two suspected persons under perplexed condition and trying to hide here and there. In suspicion they were interrogated in presence of Panchas. One person told his name as Manoharlal. Thereafter, notice of search was given and after obtain












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