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2023 Supreme(SC) 703

A. S. BOPANNA, M. M. SUNDRESH
Mangilal – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For Appellant(s): Mr. Rakesh Dahiya, AOR, Mr. Aditya Dahiya, Adv. Mr. Sunil Verma, Adv. Mr. Kapil Dahiya, Adv.
For the Respondent(s): Mr. Nachiketa Joshi, A.A.G. Mr. Sunny Choudhary, AOR Ms. Arushi Singh, Adv.

JUDGMENT

M.M. SUNDRESH, J.

The appellant stood charged and convicted under Section 8(b) read with Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”). The Additional Sessions Judge, Special Court NDPS, Jaora, District Ratlam, Madhya Pradesh, convicted the appellant and sentenced him to undergo rigorous imprisonment for 10 years. It was accordingly confirmed by the High Court of Madhya Pradesh. Aggrieved, the present appeal is filed.

THE CASE OF THE PROSECUTION IN A NUTSHELL:

2. The Assistant Sub Inspector, H.S. Sengar, posted at Police Station Kalukheda received an information through a telephonic message on 20.05.2010 that the appellant and co-accused Mathuralal against whom the trial stood abated due to his death were in the process of supplying narcotic substance in the nature of poppy straw. Upon registering the information in the Daily Diary and without wasting time on the procedural compliance, the police force stopped a tractor in which bags containing the contraband were seized. The accused were told about the search upon due compliance of Section 50 of the NDPS Act. A panchnama was written at the place of occur


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