RAM BILAS BABA Vs. STATE

JUDGEMENT

(1.) Appellants-Rambilas Baba and Prabha Shanker Dubey have been convicted under Section 18 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 a fine of Rs.1,00,000/- each.

(2.) The prosecution case is that on 3-11-1998 S. B. Shrivastava (P.W. 6) received information that two persons are in possession of opium and they are going on Scooter No. M.P.-04-R-7693 from the side of new jail to Gandhi Nagar. This information was recorded in Sanha No. 216 and transmitted to the C.S.P. as per Ex. P-1. He reached the spot and found accused-Rambilas Baba and Prabha Shanker Dubey coming on the scooter. They were stopped and apprised through the notices Ex. P-10 and Ex. P-11 that if they desire they can be taken to a Magistrate or a Gazetted Officer for search. They opted to be searched by him. On their search 200 grams of opium was found on the "person" of each of them. It was seized as per seizure memos Ex. P-4 and Ex. P-6. The samples of 10 grams each were taken and sealed. The seized opium in sealed condition was deposited in Malkhana of the police station. The crime was registered as per Ex. P-12. The information relating to search and arrest of the accused persons was sent to the superior officer on 5-11-1998 as per Ex. P-2. The sealed samples were sent to the Forensic Science Laboratory and as per report Ex. P-14 the commodity which was seized was found to be opium.

(3.) The accused persons pleaded not guilty. Their defence is that they have been falsely implicated.