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2024 Supreme(MP) 52

PREM NARAYAN SINGH
Gopal Singh S/o Dhulsingh – Appellant
Versus
State Of Madhya Pradesh Station House Officer Through Police Station Kotwali Agar District Agar Malwa (Madhya Pradesh) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Manoj Saxena, Adv.
For the Respondent: Shri Rajesh Joshi, GA.

JUDGMENT :

1. This criminal appeal is preferred under section 374 of Cr.P.C. by the appellant being aggrieved by the judgment dated 04.07.2017, passed by learned Special Judge, NDPS Act, District-Shajapur, in Special Case (NDPS) No.6/2017, whereby the appellant has been convicted for the offence punishable under Section 8(c)/18(c) of NDPS Act and sentenced to undergo 05 years RI with fine of Rs.40,000/- and default stipulation.

2. A s per the case of prosecution on 07.05.2017, on a discrete information, the police has recovered one KG and 100Grmas of Opium from possession of the appellant. Thereafter, following the due procedure of law, FIR was registered. Thereafter, investigation was conducted and charge sheet was filed after which the charges were framed against the present appellant but he denied the same and expressed his willingness to face the trial, the present appellant was found guilty for the offences u/s 8(c)/18(c) of the NDPS Act, 1985.

3. The appellant has preferred this criminal appeal on several grounds but during the course of arguments, learned counsel for the appellant did not press this appeal on merits and not assail the finding part of judgment. He confines his a

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