I.S.SHRIVASTAVA
Mulchand S/o Mannalalji Patidar – Appellant
Versus
Union of India (UOI) through Central Bureau of Narcotic – Respondent
I. S. Shrivastava, J.
1. These appeals have been preferred under Section 374 of the Cr.P.C by the appellants being aggrieved by the judgment dated 05/01/2004 passed by the Court of Ku. Karuna Trivedi, Special Judge (under Rs. NDPS Act'), Mandsaur in Special Case No. 23/1997 by which the appellants Sundarlal and Shivlal have been convicted under Sections 8/ 18(b) and 8/ 21(c) of the Narcotic Drugs and Psychotropic Substances Act (in short 'the NDPS') and applicant Mulchand has been convicted under Sections 8/29(18-b) and 8/29(21-c) of the NDPS Act and sentenced to undergo rigorous imprisonment of twelve years each alongwith fine of Rs. 1,20,000/- each; in default of payment of fine to undergo rigorous imprisonment of three years by each appellant.
2. According to the prosecution story, Rajesh Nagpal, Asst. Narcotic Commissioner, Neemuch received an information from the informer on 07/02/1997 that accused Shivlal and Sunderlal were running a laboratory and preparing morphine illegally in their house situated at Gram-Narayangarh, Mohalla Upallapura, hence the above information was registered as DRI Ex.P/22 and the same was forwarded to senior officer Asst. Narcotic Commissioner,
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