SHYAMA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant stands convicted under S. 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') and she has been sentenced to undergo 10 years' R.I. for allegedly possessing 50 grams of opium on 30-10-1987.

(2.) Prosecution alleges that on 30-10-1987, Sub-Inspector, Police Station Mandla, received information from an informer that the accused was selling opium. On the basis of the said information, Sub-Inspector R. G. Chourasia (PW-3) went to the place along with other police personnel and the witnesses and asked witness Dubedas to purchase the opium worth Rs. 10/-. Currency note of Rs. 10/- was signed by Dubedas and Mahesh Kumar (PW-4) and an inquest Ex. P/5 was prepared. Dubedas went to purchase the opium for Rs. 10/- and handed over the currency note to the accused. Thereafter her house was searched and from the possession of accused 50 grams of opium and currency note of Rs. 10/- was recovered vide seizure memo Ex. P/6 and the purchased opium was also seized as per the seizure memo Ex.P/4. Spot map Ex.P.9 was also prepared. Accused was arrested and arrest memo Ex.P/14 was prepared. R. G. Chourasia (PW-3) is said to have informed the Town Inspector and recorded the first information report Ex.P/10 at the police station and also made entry in the general diary Ex.P/8 of going and coming back to the spot. Seized material, sent for chemical examination to Forensic Science Laboratory, Sagar, was found to be opium as per the report Ex.P/12.

(3.) Accused abjured the guilt and contended that opium was not recovered from her possession. She has been falsely implicated. Her son had a quarrel with Mahesh Kumar (PW-4) and R. G. Chourasia, Sub-Inspector had misbehaved with her daughter-in-law, of which she had lodged a complaint owing to which the case was cococted.