RAMCHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) - This appeal is directed by the accused against the judgment and order dated 4-6-1996 passed by A.S.J. Garoth in S.T. No. 111/ 93 whereby the appellant was convicted for offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and was sentenced to 14 years RI. and to pay fine of Rs. 1,0.0,000/-, in default of payment of fine, two years further RI.

(2.) The prosecution case, in brief, is that on 9-2-1993, Constables Ram Kumar (PW 1), Indraveer, Dllruvram and Head Constable Naresh Kumar while checking Train No. 9019 Dn., found the appellant standing in the corridor of the general coach having a bag in his hand. On interrogation, he told them that he was having opium in his possession. They alighted from the train at Railway Station Jhalawad Road and boarded 56 Up. train and reached Shyamgarh and produced the appellant before S.H.O. Lal Singh Yadav, G.RP. Shyamgarh. Shri Yadav asked him whether he wanted to be searched in presence of a Gazetted Officer or a Magistrate. The appellant consented to be searched by him. Thereupon Lal Singh Yadav took search of his bag Article TGT in presence of Panch witnesses Prem Singh (PW 4) and Ashok (PW 5) wherein bag Article F was found wrapped in Chaddar Article H. Lal Singh Yadav prepared two samples and put the sample into the cigarette packet Article TDT and packet Article BT. He wrapped these packets in the chit Article CT. He seized the contraband article vide seizure memo Ex. P.9. The appellant was arrested vide arrest memo Ex. P-10 F.I.R Ex, P.1 was lodged and offence was registered. The samples and the opium were deposited in police Malkhana. The samples were sent to F.S.L. Sagar on 28-2-1993 but were not accepted as new F.S.L. had been established at Indore. The samples were again deposited in police Malkhana on 2-3-1993. Thereafter on 16-4-1993 the samples were sent to F.S.L. Indore where the Chemical Examiner examined the sample and opined vide report Ex. P. 17 that the samples contained opium. After completion of investigation, charge-sheet was filed. The appellant pleaded not guilty and false implication. The learned A.S.J. on appreciation of evidence convicted and sentenced the appellant as stated above. Hence, this appeal.

(3.) Mr. Amit Agrawal, LC for the appellant, submitted that the Panch witnesses Premsingh (PW 4) and Ashok (PW 5) did not support the prosecution case. The learned trial Judge committed error in believing the evidence of Constable Ram Kumar and S.H.O. Lal Singh Yadav (PW 7). He further contended that the provisions of Section 50 of the Act were also not complied with, He also attacked the conviction of the appellant on the ground that S.H.O. Lal Singh Yadav did not seal the contraband article and the samples properly and, therefore, it could not be proved that the samples sent to the F.S.L. Indore, were the same. which were prepared by the searching officer at the time of seizure. On the Other hand, Mr. A. Upadhyay, learned Panel Lawyer for the respondent, supported the impugned judgment.