BADRISINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT/accused has filed this appeal under Section 374, Cr. PC against the judgment and order dated 24-3-98, in Special Criminal Case No. 20/97, passed by Shri J. P. Maheshwari, learned Special Judge NDPS Act, Mandsaur of his conviction and sentence under Section 8 read with Section 18 of the narcotic Drugs and Psychotropic Substances Act (for short 'ndps Act') for 10 years' R. I. and a fine of Rs. 1 lac and in default of payment of fine to undergo further R. I. for 2 years.

(2.) THE prosecution case is that on 9-3-97 at about 8. 50 PM in the night at Police Station, Suwasra ASI R. S. Chauhan (P. W. 10) received secret information that the accused is transporting opium and he can be apprehended near MPEB grid and the information of the approver was recorded in 'panchnama' (Ex. P-l) and the SDOP, Sitamau was informed about the secret message. The ASI R. S. Chauhan (P. W. 10) along with Constables Ramsingh (P. W. 6), Bharat Singh (P. W. 2) and Premsingh reached the spot and the accused was seen coming from Runija Road. He was informed about the secret message against him. R. S. Chauhan (P. W. 10) apprised him about his right of his search before the Gazetted Officer or the Magistrate and the accused agreed for his search by R. S. Chauhan (P. W. 10 ). That in the personal search of the accused nothing was recovered, but in a bag in his hand in a plastic packet opium was found and on weighment it was 5 Kgs. That two samples of 30 Gms each were extracted from it and sample packets along with the seized item were packed and sealed and the 'panchnama' (Ex. P-2) was prepared. The signatures on the 'panchnama' were taken of the 'panch' witnesses Badrilal (P. W. 1) and Bharat Singh (P. W. 2 ). That the accused was informed about the ground of his arrest and vide Ex. P-3 he was arrested and taken to the police station.

(3.) IN police station the accused was handed over to SHO Anil Singh thakur (P. W. 9), who has handed over the 'muddemal' to the Head Constable nandkishor (P. W. 7 ). That the FIR (Ex. P-10) was drawn and the SHO Anil singh (P. W. 9) transmitted the information under Section 57 of the NDPS Act to the SDOP Sitamau through Constable Balwantsingh (P. W. 4 ). That the sample packet was sent by Anil Singh (P. W. 9) through Constable Pitamberdas (P. W. 3) on 12-3-97 to FSL Indore. That the FSL Indore vide his report (Ex. P-13) has opined that the contents were having 3. 92% morphine and it was opium. The statements of the witnesses were recorded by Anil Singh (P. W. 9)and the charge-sheet against the accused under Section 8/18 of the NDPS Act was filed before the Special Court, Mandsaur on 1-5-97.