K.G. Balakrishnan, P. Sathasivam, J.M. Panchal, JJ. - (1.) These appellants were tried along with two other accused by the Special Judge, Narcotic Drugs And Psychotropic Substances, Mandsore(M.P.) for the offences punishable under Section 18 read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). The prosecution case was that the Superintendent-M.C.Vijay of the Central Bureau of Narcotics, along with other officers, were on patrol duty on 1.5.1997 and at about 9.45 p.m. they intercepted the truck-DIG 4753. Two persons were in the truck and when they stopped the truck and thereafter started running away and the Inspector A.K. Tulsidasan apprehended them. The truck was searched in the presence of the witnesses and it was found that 2.10 KGs of Opium and 8 KGs of Dodachura were also found in the truck. The officers prepared a mazhar and seized the articles and a case was registered against two accused viz. Shri Hardeo Singh and Daljeet Singh. On questioning these two accused, officers came to know that Opium was sold by the present appellants Abbas Khan and Azam Khan. P.W.6 issued a notice under Section 67 of the Act to the appellants and their statements were taken. In their statements they admitted having sold Opium to other accused who were also travelling in the truck.
(2.) After the trial the Special Judge found all the four guilty under Section 18 of the Act and they were sentenced to undergo 10 years rigorous imprisonment with a fine of Rs. 1 lac each. In the appeal filed by the accused, the High Court confirmed the conviction. The first and second accused Hardeo Singh and Daljeet Singh did not prefer any appeal while accused nos.3 and 4 have filed the present appeals before this Court.
(3.) Heard both sides.;