ANDARAM S/O. VIRAMRAM JAAT Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-2-81
HIGH COURT OF MADHYA PRADESH
Decided on February 16,2021

Andaram S/O. Viramram Jaat Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

SUJOY PAUL,J. - (1.) This appeal filed u/S.374 of the Cr.P.C seeks quashment of judgment dated 7/12/2015 passed by Addl. Special Judge (NDPS Act) Mandsaur in Special Sessions Trial No.7/2011 convicting the appellant u/S.8/15(C) of the Narcotics Drugs and Psychotropic Substances Act and sentencing him to undergo 20 years RI with fine of Rs.2,00,000/-. In default of payment of fine to undergo further RI for two years.
(2.) As per prosecution story, the allegation against the appellant is that 94 kg 100 gm poppy straw (commercial quantity) was found in possession of appellant on 29/12/2010. The appellant was arrested. The objectionable substance was seized from him. In turn, the appellant was subjected to trial. The appellant abjured the guilt. After framing of charge and recording the evidence, the Court below passed the impugned judgment and found that the prosecution succeeded in establishing its case beyond reasonable doubt. The appellant was convicted and directed to undergo sentence of 20 years RI with two lakh rupees fine with default stipulation.
(3.) Learned counsel for appellant by taking this Court to para 27 of impugned judgment submits that appellant is in custody since 29/12/2010 continuously except for 14 days when he was granted temporary bail by this Court. The appellant is not challenging the judgment on merits. He is assailing the sentence part of judgment solely on the ground that punishment is excessive.;


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