BABULAL Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT -accused has filed this appeal against the judgment and order dated 27.3.1998 in Sessions Trial No. 346/96 passed by the learned VIIIth Additional Sessions Judge, Ujjain of his conviction and sentence under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act (in short "NDPS Act") for 10 years' RI with fine Rs. 1 lac and in default further RI for one year.

(2.) PROSECUTION case is that on 5.11.1996 at about 8.00 p.m., Station House Officer D.S. Athwale (PW 9) of police station, Neelganga, Ujjain, received an information from the approver that two persons are suspected of indulging in drug trafficking in Shastri Nagar, Ujjain, and the information of the approver was sent to the City Superintendent of Police, Madhav Nagar, Ujjain. After receiving the information, CSP D.S. Sagar (PW 5) reached the police station and he, along with ASI Subodh Kshotriya (PW 6) and SHO D.S. Athwale (PW 9) and the "Panch" witnesses Badrilal (PW 3) and Hemraj (PW 7), proceeded to Shastri Nagar. That at about 8.30 p.m. the two persons were seen moving in suspicious condition in Shastri Nagar, Lane No.7. They made an attempt to escape, but they were stopped by the police party. D.S. Athwale (PW 9) informed them that both are suspected of carrying the contraband and they have a light to get their search conducted either before the Magistrate or the Gazetted Officer and both of them gave consent that their search can be made by CSP D.S. Sagar (PW 5).

(3.) ACCUSED abjured the guilt and denied al1 the incriminating circumstances in his examination under section 313 of the CrPC. The defence of the accused is that the police has falsely implicated them. The accused has not led any evidence in defence.