MOHAN LAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Mohanlal Sb Swaroopji challenges his conviction under 5. 8/18 of Narcotic Drugs & Psychotropic Substances Act. 1985 and sentence of 10 years R.I. and fine of Rs. 1 lac, in default two years R.I. awarded by the 5th Additional Sessions Judge, Ujjain by judgment dated 26-4-1989.

(2.) The appellant, here-in-after called, the accused was prosecuted by Government Railway Police, Ujjain. The prosecution story is that in the night between 13-14 Sept. 1987 accused was traveling on train No. 111 Dn. going to Bhopal from Badodara via Ujjain and was lying on the lower berth of two-tier-coach. Two police constables Kaluram Parmar (P.W. 2) and Ran Narayan (not examined by the prosecution) were on Guard duty in the train. The two constables on seeing red-green packets on the chest of the accused grew suspicious and questioned and searched the accused in presence of other co-passengers, Ramesh (P.W. 4) and Prakash (not examined by the prosecution). On questioning the accused and searching him the two constables found that he was carrying opium. The two constables made the accused to get down from the train at Tarana Road Railway Station and then in goodes train, in the morning came back to Ujjain. At Ujjain they produced the accused before S.O. Lakhansingh (P.W.6) Kaluram Parmar, constable lodged first-information report, Ex. P.2 which was written down by Lakhan singh Chouhan He effected seizure of the opium from the accused and samples were taken stand sent for Chemical examination. Chemical examiners report Ex.P. I opined that each of the three samples sent to him on qualitative and quantitative analysis was foulld to be opium within the meaning of the Act.

(3.) Accused on 5-5-1988 pleaded not guilty to charge under 5. 8/18 of N.D.P.S. Act, 1985. In his examination he denied that he was in the train. He also stated that witnesses had demanded Rs. 4,000/- from him and on his failure to pay them this amount, they had not made statements in his favour. He further stated that he was sleeping at the waiting room (MUSAPHIR KHANA) when the constables pointed out saying that he is the man who ran away from the train and he was apprehended and a false case lodged against him. He did not examine any witness in defence. The 5th Additional Sessions Judge found the accused guilty and convicted and sentenced him as already set out above.