SALAMAT ALI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1-7-89 passed by the I.A.S.J., Shajapur in S.T. No. 19/89 where by the appellant has been convicted u/S. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') for possession of 11/4 Kgs. of opium valued at Rs. 4,000/ - and has been sentenced to undergo R.I. for 10 years and to a fine of Rs. 1 lac.

(2.) According to the prosecution, on 26-11-1988, information was furnished to Arjun Singh Parihar (P.W. 5), the Town Inspector, Shujalpur, by an informer that the appellant Salamat Ali, r/o Rajgarh dressed as a homeguard sainik was proceeding to Bhopal for selling opium.

(3.) On the basis of the said information, Arjunsingh Parihar(P.W. 5) accompanied by probationary Sub-lnspector Madan Mohan (P.W. 1) and Police Constable Kamleshkumar (P.W. 2) reached Chhatri Chowk, near Shujalpur Railway Station. The appellant was encircled and was caught hold of. He had a bag with him. On search being taken the contra-bond opium was found in his possession in a plastic bag and was seized. The search and the seizure were effected in the presence of Panch witnesses Prem (P.W. 3) and Mahesh (P.W. 4).