AMAR SINGH Vs. STATE OF MP

JUDGEMENT

(1.) The appellant Amarsingh has preferred this appeal under Section 374 of Cr.PC being aggrieved by the judgment dated 16-12-2003 passed by Ku. Karuna Trivedi, Special Judge, (NDPS Act), Mandsaur in Special S.T. No. 9/02 by which the appellant has been convicted under Section 8/18 (b) of the NDPS Act (for short 'the Act') and sentenced to Rigorous Imprisonment of 10 years along with fine of Rs. 1,00,000/- (Rupees One lakh) and in default of payment of fine, further imprisonment of two years' R.I.

(2.) According to prosecution story on 13-1-2002 on information of informer, ASI Mamrajsingh Tomar seized 8 kg. 500 gms. of opium from the possession of the appellant Amarsingh. Hence, Crime No. 04/02 was registered at P.S. Suwasra Distt. Mandsaur and after investigation challan was filed. After trial the appellant was convicted as mentioned above.

(3.) It has been argued on behalf of the appellant that the property was not produced before the Trial Court. There is no compliance of Section 52-A of the Act. The independent witnesses were hostile. The document prepared by the Investigating Officer, was tampered. The FIR was registered at 6.50 p.m. at Crime No. 4/02. While Panchnama of re-sealing (Exh. P-3) was prepared at 4.40 p.m. and crime number has been mentioned in it. There is material contradiction in statement of Head Constable Suresh Sharma (P.W. 7), who was member of raiding party and Matadin Tomar (P.W. 6), the Seizing Officer, Dilip Gangrade (P.W. 8) was the officer of doubtful conduct and adverse remarks were passed against him by the Court about false implication of accused person, hence appeal be accepted.