JEETSINGH Vs. STATE OF M P

JUDGEMENT

(1.) ACCUSED-APPELLANT Jeetsingh is aggrieved by his conviction and sentence (10 years rigorous imprisonment with fine of Rs. 1. 00 lac), passed under Sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act, (for short, 'the NDPS Act'), by Additional Sessions Judge, Jaora, District Ratlam, vide his judgment dated 13-7-1993 in Sessions Trial No. 92/1991.

(2.) THE case of the prosecution as unfolded at the trial was that on 19-2-1991, around 10. 00 o'clock in the night, Sub-Inspector U. P. S, Chouhan of P. S. Industrial Area, Jaora, acting on tips from some approver, raider a room attached to a road side hotel called 'janta Dhaba', situated on Mandsaur Road, 2 Kilometers away from the police station. According to the prosecution the said Dhaba and the room belonged to and occupied by accused appellant Jeet Singh. The said room was searched by Sub-Inspector Chouhan in presence of two panch witnesses and 17. 200 Kgs. of Opium kept in four bags was recovered from inside the room. 400 Grams of Poppy Husk was also recovered from that room. One sample each of 50 grams was drawn from the said bags of Opium. The seized Opium was thereafter sealed and a memorandum (Ex. P-1) thereof was prepared on the spot. Accused-appellant was arrested and FIR vide Ex. P-5 was lodged at the police station the same night at 11. 05 p. m. The samples of the seized contraband were got analyzed at Government Opium and Alkaloid Works, Neemuch which confirmed that the seized contraband was Opium (vide report Ex. P-6 ). After other due investigation the accused was charge sheeted and committed for trial which ended into his conviction as aforesaid.

(3.) I have heard Mr. Sanjay Sharma, learned Counsel for appellant and Mr. Mayank Upadhyay, learned Public Prosecutor for respondent-State.