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2003 Supreme(SC) 1216

ARIJIT PASAYAT, DORAISWAMY RAJU
Prabha Shankar Dubey – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

Arijit Pasayat, J.-These two appeals relate to the common judgment rendered by a learned Single Judge of the Madhya Pradesh High Court at Jabalpur Bench upholding conviction of the appellants (hereinafter referred to as the accused by their respective names) for commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act ). In addition to custodial sentence of 10 years, a fine of Rs. 1,00,000/- was imposed.

2. Prosecution version as unfolded during trial is as under :-

On 3.11.1998 S.B. Shrivastava (PW-6) received information that two persons in possession of opium were going on scooter No. M.P.-04-R-7693 from the side of new jail to Gandhi Nagar. This information was recorded at Serial No. 216 in Roznamcha and transmitted to the C.S.P. as per Ex. P-1. The accused persons were stopped and apprised through the notices Ex.P-10 and Ex.P-11 that if they so desire, can be taken to a Magistrate or a gazetted officer for search. They opted to be searched by him. On their search 200 grams of opium was found on the "person" of each of them. It was seized as per seizure memos Ex. P-4 and Ex.P-6. Sam







































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