MOHAMMED NABI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 2 1.7.1989 passed by the Additional Sessions Judge, Neemuch, in Sessions Trial No. 125 of 1988, whereby the appellant has been convicted under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and has been sentenced to undergo R.I. for 10 year and to pay a fine of Rs. one Lac and in default to undergo R.I. for 2 years.

(2.) According to the prosecution on the information furnished to him by an informer at 7 P.M. on 14.3.1988. Hakamsingh the Station House officer, Jawad (P.W.-9) recorded the same in the Rojnamcha (vide Ex.P/3). Then he prepared the Pane/mama (vide Ex.P/2). Thereafter the Station House officer left the police station to apprehend the culprit (vide Ex.P/14).

(3.) Near the Jawad Hotel, the appellant was found and from him 2 bags were seized (vide Ex.P/7), spot map (Ex.P/8) was prepared at 8.45 p.m. The Station House Officer then returned to the police station and at 9.30 p.m. on 14.3.1988 he recorded the First Information Report (vide Ex. P/16). The sample was sent to the Chemical Examiner On 24.3.1988 (vide Ex. P.2) and was received by him on 28.3.1988.