ASHIQ MIYAN AND ORS. versus STATE OF MADHYA PRADESH

ASHIQ MIYAN AND ORS. versus STATE OF MADHYA PRADESH

Where a criminal prosecution under the Opium Act, as applicable to Madhya Pradesh, is initiated on a report by a police officer, the trial is validly held under s. 251A Cr.P.C.; no illegality arises from following the procedure outlined therein.

Source-derived case information.

Parties
Appellants: Ashiq Miyan and Others; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
01 May 1968
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated December 23, 1965 of the Madhya Pradesh High Court (indore Bench)
Outcome
Appeal dismissed
Legal Topics
Opium Act Applicability, Criminal Conspiracy, Procedure Under Code of Criminal Procedure
Criminal Law Narcotics Control Opium Act Applicability Criminal Conspiracy Procedure Under Code of Criminal Procedure

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Parties

Ashiq Miyan and Others

Appellants

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated December 23, 1965 of the Madhya Pradesh High Court (indore Bench)

Legal Issues

  1. 1 Whether there was evidence of conspiracy to attract s. 120B IPC
  2. 2 Whether appellants were in conscious possession of recovered opium
  3. 3 Whether the trial under s. 251A Cr.P.C. was vitiated and should have been under s. 252 Cr.P.C.

Ratio Decidendi

Where a criminal prosecution under the Opium Act, as applicable to Madhya Pradesh, is initiated on a report by a police officer, the trial is validly held under s. 251A Cr.P.C.; no illegality arises from following the procedure outlined therein.

Court Disposition

Appeal dismissed

Orders

  • No illegality in the trial held under s. 251A Cr.P.C.; conviction and sentence affirmed.