RAM SINGH Vs. CENTRAL BUREAU OF NARCOTICS

JUDGEMENT

(1.) Appellant aggrieved by his conviction and sentence is before us with the leave of the Court.

(2.) According to the prosecution a secret information led to recovery of 2.1 Kgms. of opium by PW.7, Abdul Mazid, the District Opium Officer from a room adjoining the kitchen of a hotel situated at Sagrana on Neemuch-Chittor road. Appellant was working as servant in the said hotel. Jagdish Mawal (PW.6) the then Deputy Commissioner of Narcotics was one of the members of the search party, who had seized the opium, drawn the seizure memo and recorded the statement (Ex.P/12) of the Appellant on the same day. PW.8, Mahaveer Singh, at the relevant time was working as Inspector in the Central Bureau of Narcotics and on 19th July, 1997 itself at 23:45 hrs., he was appointed as the Investigating Officer of the case. He produced the Appellant before the Special Judge on 20th July, 1997 and at his request Appellant was remanded to his custody till 21st July, 1997. He recorded the statement (Ex.P/15) of the Appellant on 20th July, 1997. In the statement (Ex.P/12) Appellant confessed that the opium seized was brought by him in the hotel. In another confessional statement (Ex.P/15) recorded by the Investigating Officer Appellant confessed that he had been working in the hotel for the last two months and brought the opium to the hotel from the house of its owner on his direction. He further confessed that opium tablets used to be sold to the truck drivers at the rate of Rs. 30/- per tola.

(3.) Opium seized was sent to the Forensic Science Laboratory for examination which found presence of 4.31 per cent of morphine in it. After the confessional statement recorded by the Investigating Officer on 20th July, 1997 he produced the Appellant before the Special Judge on 21st July, 1997 along with the case diary and the copy of the same was furnished to him.