LADHARAM BACHULAL SINDHI Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Ladharam has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the Act') and sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000. In default of payment of fine, he has been sentenced to rigorous imprisonment for two years.

(2.) THE prosecution case is that on 17/7/1997, S. K. Shrivastava (P. . W. 3), Sub-Inspector of Police of Seoni Police Station received information that accused Ladharam is selling brown sugar in his Pan shop. He recorded this information and sent a copy of the same to the S. D. O. police as per Ex. P-11. He proceeded to the shop of the accused with his staff. Accused Ladharam was sitting in his Pan shop known as "pappu Pan centre". He apprised him of his right to be searched in the presence of a gazetted officer or Magistrate. The accused gave his consent to be searched by him in the presence of a gazetted officer. That was recorded in Ex. P-2. On search of the person of the accused nothing incriminating was found. Thereafter the accused was informed that the search of his Pan shop is to be taken and then the accused told him that the shop can be searched in the presence of a gazetted officer. That was recorded in Ex. P-5. On search of the Pan shop a small bottle was recovered which contained brown sugar. In this connection the search memo was prepared and that is Ex. P-4. Brown sugar including weight of the bottle was 1. 850 grams. In this bottle the quantity of brown sugar was 0. 670 gram. It was seized as per seizure memo Ex. P-8. It was sealed, The accused was arrested as per Ex. P-9. The sealed bottle was deposited in the Malkhana of Seoni Police Station. The crime was registered as per Ex. P-12, On 5. 8. 1997 the sealed bottle was sent to the Director, Forensic Science Laboratory, Sagar with the letter of the Superintendent of Police, Seoni a copy of which is Ex. P-13. The sealed bottle was delivered to the Forensic Science Laboratory on 11/8/1997 as per receipt Ex. P-14. The report of the Assistant Chemical Examiner of the Forensic Science Laboratory is dated 18/9/1997 (Ex. P-18 ). According to this report the bottle was received in the Laboratory in sealed condition and the seal tallied with the specimen of the seal which was received in the Laboratory. On analysis it was found that the contents of the bottle contained "diacetylmorphine". The charge-sheet was filed in the Court.

(3.) THE accused pleaded not guilty. His defence is that he is not the owner of the Pan shop and he is running a Kirana shop.