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2024 Supreme(MP) 156

VISHAL DHAGAT
Vishal Shahni – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Durgesh Kumar Singrore for appellant;
Y. D. Yadav, Government Advocate for respondent/State.

JUDGMENT

1. The appellant has preferred this appeal against judgment dated 15.3.2023 passed by the Special Judge (N.D.P.S. Act), Mandla in Special Case No.SC NDPS 15/2018, whereby the appellant was convicted for the offence punishable under sections 8(C)/20(B)(ii)(B) of the Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') and sentenced for four years' R.I. with fine of Rs.15,000/-. In default of payment of fine, he was directed to undergo for six months R.I. in addition.

2. As per prosecution case, police received an information on 10. 9.2018 that a silver Maruti Swift Car without any number is going from Chilphi to Motinala in which three boys are travelling and they may have contraband article Ganja. Information was entered in the Roznamchasanah No.36. Independent seizure witnesses were called and electronic weighing machine was taken and Panch were informed about information and they went to spot for intercepting the vehicle. There was chance that accused persons may escape, therefore, search warrant was not obtained and Panchanma regarding same was prepared. Police intercepted the vehicle and found three persons in the car. They w

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