CRL. A. NO. 37 of 2006
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 37 OF 2006
STATE OF RAJASTHANAPPELLANT
VERSUS
BHOPA RAMRESPONDENT
O0 R D E R
1. We have heard learned counsel for the parties.
2. This appeal against acquittal arises from the
judgment of the High Court in a prosecution under Section
8/18 of the Narcotic Drugs and Psychotropic Substances Act.
The trial court, relying on the evidence of P.Ws. 4, 5, 11
and 12, convicted the respondent and sentenced him to
undergo rigorous imprisonment for 10 years and to a fine of
Rs. 1 lakh and in default thereof to further undergo simple
imprisonment for a period of six months. The judgment of
the trial court has been reversed in appeal. The High
Court has recorded a positive finding that the prosecution
story given in Exhibit P2 the notice issued under Section
50 of the Act was a concoction. In other words, the High
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J
[HARJIT SINGH BEDI]
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J
[CHANDRAMAULI KR. PRASAD]
NEW DELHI
OCTOBER 26, 2010.