REMGUL ALIAS REMULAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment dated 8. 11. 1997 passed by the learned Addl. Sessions Judge, Jaora in Sessions Trial No. 238/95, thereby convicting the appellants for the offence under Section 8/21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing them each to suffer R. I. for ten years and to pay a fine of Rs. 1,00,000 and in default of payment of fine to suffer further R. I. for three years.

(2.) BRIEFLY stated, the case of the prosecution before the trial Court was that on 31. 10. 1995 at 10. 05 a. m. , Himmatsingh Rana (PW-7) Town Inspector, Jaora received information that the appellant No. 1 Remugal alias Remulal R/o Bargundapura, Jaora was having in his possession some smack illegally in his house and after preparing small packets, was selling them. He prepared the Panchanama of the information (Ex. P/3) and after obtaining search warrant from the SDOP, went along with police party to the house of the appellant No. 1. There, he found both the appellants present and after performing usual formalities, searched the house of the appellant No. 1 wherein in an attachi besides other articles 305 grams of smack was found. On taking personal search of appellant No. 2, ten small packets of smack of two grams each were found on his person. Thereafter, after observing requisite formalities of testing, weighing and seizure of smack, appellants were arrested.

(3.) IN the Chemical Analysis report, the samples were containing diacetyl-morphine (Heroin) vide Report Ex. P/24.