Judgement

With consent of the parties, heard finally.

1. I.A. No.16366/2024, an application for condonation of delay of 21 days is allowed and disposed of by condoning the delay in filing the appeal.

2. At the outset, counsel for the appellant prays for withdrawal of I.A. No.16367/2024, an application for suspension of jail sentence and prays for final disposal of the appeal at motion stage.

3. Prayer is allowed and application is dismissed as withdrawn and the appeal is heard finally at motion stage.

4. This criminal appeal is preferred under section 374 of Cr.P.C. by the appellant being disgruntled by the judgment dated 04.07.2024, passed by learned Special Judge (NDPS Act), District Barwani (M.P.) in S.T,

No.08/2022, whereby the appellant has been convicted for the offence punishable under Section 8(c)/20(b)(ii)(b) of NDPS Act and sentenced to NEUTRAL CITATION NO. 2024:MPHC-IND:36916 undergo 04 years R.I. with fine of Rs.10,000/- with default stipulation.

5. As per the prosecution story. on 21.08.2022, the police has received CRA-11191-2024 a discreet information that one person is transporting some contraband on motorcycle. Based on the said information, the police has intercepted a v