VISHNU Vs. STATE OF M P

JUDGEMENT

(1.) Convict/appellant Vishnu s/c Rupaji through this appeal (Criminal Appeal No. 22 of 91) presented on 11.1.1991 by Shri V.R. Patidar, Advocate challenges his conviction under Section 8/18 of the N.D.P.S. Act, 1985 and sentence of ten years rigorous imprisonment and fine of Rs. 1 lac in default, further rigorous imprisonment for term of two years awarded by Sessions Judge, Mandsaur by judgment dated 4.1.1991. Another appeal No. 42/91 in respect of the same judgment was filed by Shri S.S. Verma, counsel for the appellant on 29.1.1991. Judgment would be delivered in Criminal Appeal No. 22/91 and Criminal Appeal No. 42/91 treated as superfluous.

(2.) Convict/appellant Vishnu s/o Rupaji was prosecuted by Police Malhargarh, District Mandsaur, Prosecution story is that on 21.7.1989 at about 9.00 p.m. Police Officer B.S. Malviya. (P.W. 9) received information from an informer that opium was being manufactured at a place and that further information would be given to him when he reached the place. He communicated that information to his official superiors and accompanied with police constable Mohammed Hanif (P.W. 4), Hamraj, Lajjaram and Devilal (not examined by prosecution) started for the place at 9.30 p.m. On the way they met the informer, who gave further details to B.S. Malviya, B.S. Malviya summoned Iqabal (P.W. 8) and Ramesh (P. W. 6) and appraised them of the information given by the informer and drew up Panchnama in this. B.S. Malviya then with police force and panch witnesses reached Kacharia Chandrawat forest where a brock flows by the wall of one Banshilal. At that place he saw fire burning and 2-3 persons sitting by the fire. When he reached the place the persons started running away of whom B.S. Malviya claimed to have identified appellate Vishnu. He could not identify the other companions. None could, however, be apprehended at the place and three culprits ran away. Near the burning fire B.S. Malviya found plastic pieces of bags with opium sticking to the same. The same were scraped and collected and seized vide panchnama, Ext. P/7. Opium was weighed at the place and samples taken. He then drew up FIR Ext. P/10 and gave information to his superior officers. Next day he drew up map of the place, Ext. P/8. Sample was analysed and found to be opium. Anil Singh (P.W. 10) Station Officer Malhargarh Police Station on 28.7.1989 arrested accused Vishnu as per panchnama Ext. P/12. Investigation completed, challan was put up against the accused/appellant.

(3.) Before the Sessions Judge accused/a appellant Vishnu pleaded not guilty to charge under section 8/19 of the N.D.P.S. Act, 1985 of being found in possession of 510 grams of opium with- out license and is having committed an offence punishable under section 8/18 of the N.D.P.S. Act, 1985. He denied all the material allegations. In cross-examination of the witnesses it was suggested on his behalf that there was enmity between him and the Investigation Officer B.S. Malviya as he had damaged motor-cycle tyre of the witness. He did not examine any witness in defence. The Sessions Judge by judgment under appeal found the accused/appellant guilty and convicted and sentenced him as already set out above.