SURAJMAL KANIA LAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant Surajmal Kania Lal Soni was convicted by the trial court under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('ndps Act' for short) and sentenced to undergo RI for 10 years and to pay a fine of Rs. 1,00,000. 00 in default of payment of which to undergo Rl for three years for being in illegal and unauthorised possession of 9 kgs and 75 gms opium. The appeal preferred by him was dismissed by the High court.

(2.) The prosecution case is as follows. Police Inspector P. S. Patil of Navapura Police Station, on information from some informant, kept watch along with his staff members near Kasam Dula's Dargah at Bagikhana Road, Vadodara. At about 10 p. m. the appellant was seen proceeding in a suspicious manner. He was stopped and he was asked to give his name and a search was made and his rexine bag was searched in which the opium was found. The appellant had no pass or permit. A panchnama was duly prepared. The samples were sent to the Chemical Examiner and after receiving his report, the charge-sheet was laid.

(3.) The appellant in his statement under Section 313 Criminal Procedure Code stated that he was falsely implicated. Both the courts below accepted the prosecution case and convicted him.