ONKAR Vs. STATE OF M P

JUDGEMENT

(1.) Convict/Appellant Onkar S/o Kishanji aged about 65/70 years, hereinafter called, 4the accused challenges his conviction under s. 8/18 of the Narcotic Drugs & Psychotropic Substances, Act, 1985 (herein after called, the ActT) and sentence of 10 years Rigorous Imprisonment and fine of Rs 1 Lac, in default three years rigorous imprisonment awarded by the First Additional Sessions Judge, Mandsaur at Neemuch Camp at Manasa by Judgment dated 9.11. 1990.

(2.) The accused was prosecuted by Jawad Police. Prosecution story is that Radheshyam (P.W. 8) A.S.I. at Nayagaon, Out post, at Jawad Police Station received information through informer that accused Onkar was carrying opium hanging the same in a bundle to the handle of the bicycle. Radheyshyam (P.W.8) reduced this information to writing and with panchas apprehended accused. On his search in cloth bundle he was found carrying 650 Gms. of opium. Samples were taken out and the same were got examined by Forensic Scientific Laboratory, Sagar who found samples to be opium. Challan was put up against accused for offence under Ss. 8/18 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

(3.) On 9.4.1990 accused pleaded not guilty to charge under Ss. 8/18 of the N.D.P.S. Act. In his examiation under 5. 313 Cr. P.C. he denied all material allegations. He stated that he was standing at Nayagaon Cross Road when he was taken to police station and arrested. He had not taken bicycle on hire and his name was got written by threatening cycle-shop owner. In his defence, the accused pleaded that he was innocent and falsely implicated in the case. He did not examine in defence any witness. He was convicted and sentenced as stated above.