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2004 Supreme(MP) 131

A.K.SHRIVASTAVA
Fatto @ Phoola – Appellant
Versus
State of M. P. – Respondent


Advocates:
F.A. Shah for appellant; Smt. Kusum Sharma for State.

JUDGMENT

Feeling aggrieved by the judgment of conviction and order of sentence dated 6.11.2000 passed by Special Judge, Vidisha in Special Case No. 32/2000 convicting the appellant under section 8 read with section 15 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred as to the 'Act'), the appellant has preferred this appeal under section 374 of Code of Criminal Procedure, 1973.

In brief, the case of the prosecution is that on 4.5.2000, Excise Sub-Inspector Gopilal Sharma (PW 3) received an information that the appellant is carrying poppy straw. This information was registered in the offence register and the information was transmitted to the Distt. Excise Officer vide Ex. P-10. Thereafter, alongwith S.P. Mishra (PW 4) who is Asstt. Excise Officer and is a Gazetted Officer alongwith his staff, he rushed at Madhoganj Chauraha alongwith witnesses Harishanker Sharma and Rambabu Dubey. After sometime, the appellant who was carrying a canvass bag (bora) on her head came. She was stopped by constable Harishanker and she named herself as Fatto alias Phoola. Thereafter in presence of the witnesses, Deepak Vyas and Indresh, a panchnama Ex. P-1 was prepar













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