MOHAN LAL Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order of sentence dated 29th June, 1994 rendered by 1st Additional Sessions Judge (Spl. Judge. Neemuch), District Mandsaur in S. T. No. 250/92, thereby convicting the appellant for the offence punishable under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentencing him to suffer rigorous imprisonment for 10 years and a fine of Rs. 1,00,000, in default of payment of fine further rigorous imprisonment for two years.

(2.) THE case of the prosecution, in brief, is that on 3rd April, 1991 in the evening, the Station House Officer, Police Station GRP, Neemuch (Shri Chandel) received the information through the informer that a young boy possessing contraband opium is going from Mandsaur to Khandwa for the purpose of sale. The information was reduced to writing in Roznamcha and the copy of the same was sent to the higher authorities. Thereafter, raid party was constituted and SHO Madan Mohan Singh Chandel alongwith two constables Jeevanlal (PW 2) and Laxman Lal Bhati and Panch witnesses Rajesh and Gulam Mustafa (PW 7) were included in the raid party. The raid Party reached the Railway Station. Mandsaur at about 10.30 p.m. the same day. The suspected accused/appellant was found sitting on the platform. Station House Officer, Shri Chandel, on interrogation, apprised the appellant/accused of his right as regards formalities pertaining to search by the raid party. Accordingly, on his personal search the appellant was found in possession of contraband opium in a white cotton bag. The alleged opium was seized and on weighment, of the seized article, it was found to be 1,200 Kgs. Two samples of 30 gms. were prepared and separately sealed. The appellant was arrested. The seized property and the appellant were brought to G. R. P. Neemuch. The First Information Report. (Exh. P/12) was registered at G.R.P. Thana, Neemuch and a Crime No. 165/92 was registered against the accused/appellant for the offence punishable under Section 8/18 of the Act. One sealed packet of the sample was sent for chemical examination to FSL Sagar. Exh, P/3 is the report received from FSL Sagar. This report confirmed the seized article is opium and it contained 3.08 percentage of morphine. On completion of investigations challan was filed. The appellant was charged for the offence under Section 8/18 of the Act to which he pleaded not guilty. On completion of trial and evaluation of the evidence, the trial Court convicted and sentenced the appellant as indicated above.

(3.) THE Counsel for the appellant contended that the judgment of the trial Court is assailed on the ground that compliance of mandatory provisions of Section 50 has not been proved in the instant case. The independent witness of search and seizure Gulam Mustafa (PW 7) does not support the case of the prosecution. Panchnama as to weighment of seized article is also not proved. The statement of Station House Officer, Shri Chandel who led the trap, was not recorded in the case due to his death. The Counsel submits that in the circumstances, the charged labled against the appellant are not proved beyond doubt and the appellant deserves acquittal.