SUPREME COURT OF INDIA

Murari

Vs.

State of Madhya Pradesh

Crl.A.No.119 of 2004

(B. N. Agarwal and H. K. Sema JJ.)

14.07.2004

ORDER

The Order of the Court is as follows

1. The appellant herein was convicted by the Trial Court under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. one lakhs; in default to undergo rigorous imprisonment for a further period of two years. On appeal being preferred, the High Court confirmed the conviction and sentence of the appellant. Hence this appeal by special leave.

2. Having heard the learned counsel for the parties and having perused the impugned order as also the evidence of P.W.2 and P.W.8, in whose presence search and seizure were made and 360 gms of opium was recovered from the bag, which according to the prosecution, the appellant was carrying, we are of the view, that Trial Court as well as the High Court have threadbare discussed the evidence and after placing reliance thereupon the Trial Court has recorded the conviction, which has been confirmed by the High Court. Learned counsel appearing on behalf of the appellant could not point out any infirmity in the impugned orders, as such it is not possible for us to interfere with the impugned orders.  

3. The appeal, accordingly, fails and the same is dismissed.