SHIV SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Convict appellant Shiv Singh son of Nathu Singh (hereinafter called the accused) challenges judgment dated 9/8/1990 delivered by Second Additional Sessions Judge, Ujjain convicting the accused under section 8/18 of No U.P.S. Act, 1985 (for short the Act) and sentencing him to 10 years R.I. and fine of Rs. 1,00,000.00 in default further two years R.I.

(2.) The accused was prosecuted by Control Narcotics Bureau, Ujjain, Prosecution story is that on the date of incident 25/8/1986 accused was travelling in bus No. CPW - 6801 and sitting on seat No. 27 of the bus; Sub-Inspector Narcotics Larman Kataria (P.W. 1) was on checking duty/Ujjain Agra Road Makodia octorai post. When the bus reached the Octorai post, Laxman Kataria checked the bus with his constables and it is alleged that accused was found carrying a bag containing opium, which subsequently was found to weigh 750 gms. The opium was seized, got chemically examined and thereafter report put up against the accused.

(3.) On 25/6/1990 accused pleaded not guilty to charge under Sections 8/18 of the Act. In his examination under section 313 Cr. P.C. while he admitted the bus having been checked and his travelling in the bus, he denied all the material allegations. He did not examine any witness in defence. He was found guilty and convicted and sentenced as stated above.