PRAHIAD SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Prahlad Sharma has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act) for being found in possession of 3.200 kgs. of Opium and sentenced to rigorous imprisonment for ten years.

(2.) The prosecution case was that on 11/5/1990 at 0. 15 hours Virendra Kumar Sharma (P.W. 3), Narcotic Inspector was at Guna Railway station and at that time Kota Bhopal passenger train arrived there. He saw accused Prahlad Sharma alighting from the train and holding a bag of red colour in his hand. He caught hold of the accused and on search of the bag which he was carrying, it was found that it was containing a total quantity of 3.200 kgs. of Opium. It was seized from him as per Seizure Memo, Exhibit P-1. The samples were taken from the seized commodity and these were sealed. The search was conducted in the presence of Munnalal (P.W. 1) and Rambharose (P.W. 6). Devendra Kumar (P.W. 4), a Constable was also present at that time. The samples were sent for chemical analysis and it was found that the samples were of opium. After investigation the chargesheet was submitted.

(3.) The accused pleaded not guilty.