JUDGMENT

(08.11.2021)

Being aggrieved vide judgment and order dated 18.1.2013 delivered in Special Sessions Trial No. 7/12 by Special Judge, NDPS, Bhopal, the appellant has preferred this appeal. Vide impugned judgment the learned Trial Court has held the appellant guilty under Section 8 (c) read with Section 21 (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him for 10 years imprisonment and fine of Rs.1,00,000/- (Rupees One lakh) and in default further to suffer rigorous imprisonment for two years.

2. Facts, in brief, are that on 2.5.2012, Assistant Sub Inspector Santosh Goutam (PW-6) of Police Station Kotwali, Bhopal, received a credible secret information that the appellant who is bearing dark brown coloured Safari Suit is standing in front of “Taste of Hyderabad” (restaurant), Agrasen Square. He is having diacetylmorphine (heroin) and waiting for some customer. Mr. Goutam prepared a memorandum (Ex. P-25), asked Head Constable Satendra Choubey (PW-8) to call independent witnesses, entry to that effect was made in Rojnamcha Sanha (Ex. P-27), head Constable Satendra Choubey came back with Sunil Vishwakarma (PW-1) and Naseem (PW-2). They were conveyed abou