JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT/accused has filed this appeal against the judgment and order dated 2-4-95 in Special Case No. 9/97, passed by the learned Special Judge ndps Act, Ujjain against the conviction and sentence for the offence punishable under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act (for short "ndps Act") of R. I. of 10 years with fine of Rs. 1 lac and in default of payment of fine further R. I. for 2 years.

(2.) PROSECUTION case is that on 23-1-97 at about 9. 10 PM ASI maohansingh Jadon (P. W. 7) received an information in the Police Station, jivajiganj, Ujjain about the illicit trafficking of opium and the "panchnama" (Ex. P-l) was prepared by him and the information vide "rojnamcha" (Ex. P-14) was sent to the CSP. That Mohansingh Jadon proceeded with the police party and the accused was found near the "sabji Mandi", where he was informed that he is suspected of carrying the opium. Mohansingh Jadon (P. W. 7) informed the accused that he has a right of his search before the Gazetted officer or the Magistrate and the accused consented his search by him of which consent memo (Ex. P-2) was prepared before the "panchas". The seizing officer found 1. 250 kgs, of opium from the bag of the accused and the 2 samples of 50 gms each were drawn from the seized item. The "muddemal" was sealed. That the seizure memo (Ex. P-6) was prepared and, thereafter, the accused along with the "muddemal" was taken to the Town Inspector R. S. Chudawat (P. W. 8 ).

(3.) R. S. Chudawat (P. W. 8) recorded the FIR and informed the recovery of the contraband from the accused to the Superintendent of Police. That the "muddemal" was kept in the safe custody in the police station and, thereafter, one of the sample packets was sent to the FSL, Indore. The report of the FSL, Indore dated 30-1-97 is Ex. P-21 in which it was opined that the contents carries 3. 56 % morphin and it was opium. The investigation was conducted by R. S. Chudawat (P. W. 8) and the charge-sheet was filed against the accused under Section 8/18 of the NDPS Act on 8-3-97 in the Sessions court, Ujjain.