RAMSINGH Vs. STATE OF MP

JUDGEMENT

(1.) This appeal has been preferred under section 374 of the Cr. P.C. by the appellants being aggrieved by the judgment dated 26.10.2007 passed by the Court of Shri P.S. Patidar, Special Judge (under N.D.P.S. Act), Ratlam in Special Sessions Case No. 30/2004 by which the appellants have been convicted under sections 8/18(b) of the Narcotic Drugs and Psychotropic Substances Act (in short 'N.D.P.S. Act') and sentenced for ten years rigorous imprisonment with fine of Rs. 1,00,000/- each and in default of payment of fine to undergo rigorous imprisonment for one year each.

(2.) According to the prosecution case, on 13.9.2004, Shri Y.S. Tomar, P.S.I. P.W. 11 received an information from the informer that appellants Ramsingh and Salim were likely to transfer opium by motorcycle bearing registration No. M.P. 14-D-4439, hence panchanama about the information of the informer was prepared. After arranging raid party, they reached the spot Kalaliya Ghante. On arrival of two persons on motorcycle, they were stopped and after verification of the informant and after obtaining due consent, 6 kg. opium was seized from the bag, which was kept in between accused Ramsingh and Salim. Two samples of 30 grams each were prepared, marked as A-1 and A-2 and sealed them as well as remaining quantity was also sealed and marked it as Article-A. Thereafter, both the accused/appellants were arrested and after obtaining report for F.S.L., challan was filed and the appellants were convicted and sentenced as mentioned herein above after trial.

(3.) It has been mentioned on behalf of the appellants that the appellants are in Jail since 13.9.2004. As per the F.S.L. report Ex. P. 25, percentage of morphine in the sample was 4.56, therefore, the total purity in the seized opium comes to 273.6 grams, which is less than the commercial quantity, therefore, the appellants are entitled to be convicted under section 8/18 (c) of the N.D.P.S. Act. In view of the law laid down in the case of E. Micheal Raj v. Intelligence officer, Narcotic Control Bureau, 2008 CrLJ 2250, the appeal be allowed.