HANIF KHAN MUSALMAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the impugned judgment dated 30/10/2009 passed by the learned Special Judge, (Constituted under the provisions of Narcotic Drugs and Psychotropic Substances Act), Rewa in Special Supplementary Case No.7/2006 whereby the appellant has been convicted for offence punishable under Section 20(b)(iii) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') and sentenced to Rigorous Imprisonment for 10 years and fine of Rs. One lakh. In default of payment of fine, he shall further suffer rigorous imprisonment for two years.

(2.) It is undisputed on record that co-accused Shri Ram Gupta S/o Ram Lakhan Gupta was tried and convicted by the trial Court vide its judgment dated 26.9.2006. At the time of aforesaid trial, present appellant/accused was absconded, therefore a supplementary charge sheet was filed against him and after completion of trial, he has been convicted and sentenced as mentioned hereinabove.

(3.) Prosecution case, in short, is that on 27.1.2006, R.B. Sharma (PW10), Station House Officer of Police Station Sohagi during course of patrolling in the night, stopped a Jeep bearing Registration No.MP-17B/6703 near the RTO Barrier, which was driven by appellant Shriram Gupta. It is alleged that on search one quintal thirty seven kilograms and five hundred grams of contraband article (Ganja) was found in the aforesaid jeep. Same was seized before the panch witnesses Padmakar Singh (PW3), Santosh Kumar Rajak (PW7), and Pannalal Singh (PW4) alongwith a Marshal Jeep No. MP-17B/6703 and driving license of the appellant and other papers. It is further alleged that before seizure, a search panchnama Ex.P/7 was prepared before the panch witnesses.