YUNUS S/o REHMAT SHAH vs STATE OF MADHYA PRADESH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 609

SUBODH ABHYANKAR, SATYENDRA KUMAR SINGH
YUNUS S/o REHMAT SHAH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent

JUDGMENT SUBODH ABHYANKAR, J. : – This appeal under section 374(1) of the Code of Criminal Procedure, 1973 has been filed by the appellant being aggrieved of his conviction and sentence.

The appellant stands convicted by the impugned judgment dated 28-7-2015, passed by the learned Special Judge (under NDPS Act), Mandsaur District Mandsaur (MP) in Special Sessions Trial No. 09/2012, whereby the learned Judge of the trial Court has sentenced him, as mentioned herein below : –

Accused Conviction Sentence Fine Amount Sentence in default of payment of fine Yunus s/o Rahmat Shah 8 read with 15(c) of NDPS Act 12 years Rigorous Imprisonment Rs. 1,00,000/- 1 Year RI

2. In brief, the facts of the case are that on 23-10-2011 at around 04.30 PM in the evening, the Police Mandsaur apprehended a truck bearing registration number UP-25 AT-5188 at Gram Dhandhoda Phanta on Bhavgarh-Dalauda Road. Although the truck did not initially spot, but it was chased by the Police in a Jeep and was stopped. After stopping the truck, two person got down and ran away from the spot, however, the Driver of the vehicle was caught then and there only, who informed his name to be Yunus s/o Rahmat Shah (the present ap

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