GURCHARAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant challenges his conviction u/s. 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter the Act) and sentence of 10 years R.I. and a fine of Rs. 1 lac awarded by second Additional Sessions Judge, Rajnandgaon, vide judgment dated 25/3/1991 passed in Sessions Trial No. 71 of 1990.

(2.) The appellant runs a Dhaba at the outskirt of village Chirchari, which is under the jurisdiction of police-station Bagnadi. As per prosecution, ASI Shri RS.Singh (P.W. 4) received information through informer that the appellant is selling opium and therefore P.W. 4 accompanied by ASI Amar Singh (P.W. 1), H.C. Sheodayal (P.W. 3) reached there and in presence of Fakir (P.W. 2) and Poona Ram (D.W. 3) he searched and recovered from appellantTs pant pocket 5 packets (Art. A-i to A - 5) each containing 5 gram of opium vide seizure memo Ex. P.1. The seized contraband was first sent for expert opinion to the Excise Sub Inspector Jai Singh (P.W. 5), who confirmed the article to be opium. Subsequently, the article was sent to Forensic Science Laboratory wherefrom the Analysts report Ex. P.7 further reinforced the opinion given by Jai Singh. Consequently, the appellant was charge-sheeted, tried convicted and sentenced as aforesaid.

(3.) The defence is that nothing was recovered from the possession of the appellant. The police Inspector wanted the appellant to pay them money. He was not prepared to oblige and therefore this concocted case was foisted on him.