JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against an order and judgment of the High Court of Madhya Pradesh, Indore Bench dated 26-9-1997 upholding the conviction and sentence of the appellant for an offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act').

(2.) According to the prosecution case on 8-8-1988 at about 4.30 p.m. the appellant was travelling in a bus which was checked by Narcotics Sub-Inspector Dudhnath Ram PW-1 near Hasanpaliya village at Neemuch-Dhar Road. PW-1 found that there was an attachee lying on the rack and three persons were sitting on the back side seat of the bus. On inquiry as to who did that attachee belong to, the appellant is stated to have admitted that it belonged to him. The attachee also carried a name slip with the name of the appellant on it. The attachee was taken into possession by PW-1 and the appellant was made to alight from the bus. He was asked about the key of the attachee which he took out from his pocket. Two panch witnesses Shankar Lal, PW-2 and Chhoga Lal, PW-3 were present. It is alleged that when the appellant opened the attachee it was found to contain a bag which had black substance in it. The panches smelt the same and opined it to be opium. It was weighed and seized and two samples of 30 gms. each were taken out from the same for purposes of chemical examination. Those were sealed in two empty cigarette boxes. The cigarette boxes were wrapped with a thread and sealed. The panch witnesses PW-2 and PW-3 signed on the wrapper as well as on the panchnamas which were prepared at the spot. The seized articles were produced by PW-1 before PW-7 Shri Rajdev Ram who was working as District Opium Officer at the relevant time. The samples were sent for chemical examination and according to the report of the chemical examiner, the samples were found to be of opium. The appellant was, thereafter, sent up for trial for offences under Sections 8/18 of the NDPS Act. Additional Sessions Judge, Jawara vide judgment dated 1-12-1994 convicted the appellant for the said offences and sentenced him to undergo RI for 10 years and to pay a fine of Rs. 1,00,000/-. In default of payment of fine the appellant was to further undergo RI for 2 years. Aggrieved by the conviction and sentence, the appellant filed an appeal before the High Court which, as already noticed, was dismissed.

(3.) We have heard Mr. Rao Ranjit, who has appeared as amicus curiae for the appellant and Ms. Vibha Datta Makhija for the State.