Ganpat vs The State Of Madhya Pradesh
2025 Latest Caselaw 2582 MP

Citation : 2025 Latest Caselaw 2582 MP
Judgement Date : 9 January, 2025

Madhya Pradesh High Court

Ganpat vs The State Of Madhya Pradesh on 9 January, 2025

          NEUTRAL CITATION NO. 2025:MPHC-IND:617




                                                              1                            CRA-718-2019
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
                                                 ON THE 9 th OF JANUARY, 2025
                                               CRIMINAL APPEAL No. 718 of 2019
                                                         GANPAT
                                                          Versus
                                              THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Shri Gaurav Laad - advocate for the appellant.

                                   Shri Tarun Pagare, G.A. for State.

                                                                  ORDER

This appeal is directed against the judgment and order dated 19.09.2018 passed by Additional Special Judge, NDPS Act, Garonth, district Mandsaur in Spl. S.T.No. 10/2009 whereby the appellant has been convicted for the offence under section 8/18 of NDPS Act and sentenced to undergo R.I. for 4 years and fine of Rs.15,000/- and in default of fine, to undergo 3 months RI.

2. As per prosecution case, on receiving telephonic information on

29.1.2018 A.S.I. P.S. Shamgarh reached to the spot where appellant was coming. During search, appellant Ganpat was found in illegal possession of 1 kg. 300 grm. Opium. Offence was registered at crime No. 19/2007 at P.S. Shamgarh, district Mandsaur under section 8/18 of NDPS Act. After completion of investigation, chargesheet was filed. Learned trial court vide impugned judgment convicted and sentence the appellant as mentioned

NEUTRAL CITATION NO. 2025:MPHC-IND:617

2 CRA-718-2019 above.

3. Learned counsel for appellant challenging the finding of conviction and sentence submits that learned trial court ignored serious anomalies, contradictions and omissions present in the testimony of prosecution witnesses and prays for acquittal.

4. Learned G.A. for State supports the impugned judgment. However, drawing attention towards PUD No.3003/warrant/2024 dated 9.12.2024 received from Sub Jail, Garonth, district Mandsaur whereby it is informed that appellant Ganpat has served out complete jail sentence of 4 years and has been released from jail on 15.03.2022, he submits that appeal is liable to be dismissed.

5. After hearing learned counsel for the parties, this Court finds that

evidence adduced in support of the allegation with regard to offence under section 8/18 of NDPS Act is found to be clear, cogent and consistant. The same is free from any material infirmity and anomaly. Therefore the finding of conviction and sentence cannot be interfered and is hereby affirmed.

6. Since the appellant has served out the whole jail sentence as imposed by the trial court, therefore, no compliance is required.

Accordingly, the Appeal stands disposed off.

(BINOD KUMAR DWIVEDI) JUDGE