PRABHA SHANKAR DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These two appeals relate to the common judgment rendered by a learned single Judge of the Madhya Pradesh High Court at Jabalpur Bench upholding conviction of the appellants (hereinafter referred to as the accused by their respective names) for commission of offence punishable under S.18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act'). In addition to custodial sentence of 10 years, a fine of Rs. 1,00,000/- was imposed.

(2.) Prosecution version as unfolded during trial is as under :

(3.) On 3-11-1998 S. B. Shrivastava (P.W. 6) received information that two persons in possession of opium were going on scooter No. M.P. 04-R7693 from the side of new jail to Gandhi Nagar. This information was recorded at Serial No. 216 in Roznamcha and transmitted to the C.S.P. as per Ex. P-1. The accused persons were stopped and apprised through the notices Ex. P-10 and Ex. P-11 that if they so desire, can be taken to a Magistrate or a Gazetted Officer for search. They opted to be searched by him. On their search 200 grams of opium was found on the "person" of each of them. It was seized as per seizure memos Ex. P-4 and Ex. P-[6] Samples of 10 grams each were taken and sealed. The seized opium in sealed condition was deposited in Malkhana of the police station. The crime was registered as per Ex. P-12. The information relating to search and arrest of the accused persons was sent to the superior officer on 5-11-1998 as per Ex. P-2. The sealed samples were sent to the Forensic Science Laboratory and as per report Ex. P-14, the commodity which was seized was found to be opium. The accused persons pleaded not guilty. Their defence was that they have been falsely implicated.