HAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants Harisingh Surendra Singh and Sadhu Singh have been convicted under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter to be referred to as the TAct) and sentenced to rigorous imprisonment for ten years and to a fine of rupees one lac each.

(2.) The prosecution case is that on 13/5/1992 at 5:30 A.M. Fiat car no. DIA-8848 came from village Berakhedi side on Agra-Bombay Road. It was intercepted by Arjun Singh (P.W. 11) Station Officer of Roghogarh Police Station who was there on a tip-off that the opium is being transported from that village. He was having Mohanlal (P.W. 7) Constable. Rambabu Singh (P. W. 8) ASI and Anil Kumar Singhal (P.W. 10) Sub-Inspector with him. Five persons came out from the car and took to their heels on seeing the police. They were chased by the police party. Accused Harisingh was nabbed on the spot but others ran away. On interrogation of Harisingh it was disclosed by him that two of them were Surendra Singh and Sadhu Singh. On search of the car 46 kgs. of opium was recovered file the two chambers in the car. The search took place in the presence of two Panch witnesses Raghubir Singh (P.W. 2) and Narain Singh (P.W. 3). The seizure memo of the opium was prepared and that is Ex. P/2. Accused Harisingh was arrested as per arrest memo Ex. P/3. The samples of the opium were taken and sealed. Surendra Singh and Sadhu Singh were arrested on 21/5/1992 at 5.30 P.M. as per arrest memo Ex. P/19. The samples of the opium were sent to the Forensic Science Laboratory. Sagar and as per report Ex. P/20 of the Chemical Examiner it was confirmed that the said commodity was opium. Accused Surendra Singh and Sadhu Singh were identified by three members of the police team who had seen them fleeing from the spot. The identification was conducted on 30/5/1992 by the Naib Tehsildar and the Executive Magistrate.

(3.) The defence of the accused Harisingh was that he was not in the car. He was taken into custody from his house and a false case has been foisted on him. The other two accused persons have pleaded that after their arrest they were kept in the lock up of Raghogarh Police Station and were shown to the witnesses who are said to have identified him in the test identification parade.