BHERUDAS Vs. SESSIONS JUDGE MANDSSAUR

JUDGEMENT

(1.) This criminal appeal presented under Section 374 of the Code of Criminal Procedure is directed against the judgment dated 11/4/1991 rendered by Sessions Judge, Mandsaur in S.T. No. 114/90, thereby convicting the appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, (for short, the ActT) and sentencing the appellant to suffer rigorous imprisonment of 10 years and to pay fine of Rs. 1 lac and in default, to suffer further rigorous imprisonment of two years.

(2.) Briefly stated that the facts of the case are that on 19/1/1990, S.S. Chouhan (P.W .5) received the information from the informer about possession of illicit opium. He prepared panchanama to this effect and forwarded the information to higher authorities. Thereafter, he formed raid party and went to the Railway Station. Two independent witnesses Kamalsingh (P.W. 3) and Prakash (P.W. 4) were included in the raid party. At about 11.00 p.m. the appellant was seen coming. He was having a bag in his hand. The appellant was apprised of his right as regards formalities pertaining to search. He, however, consented and agreed that search could be taken by P.W. 5. Accordingly, the bag was searched. This bag contained opium. On weighment, the bag was found to contain 880 gms. opium. Two samples of 30 gms. were drawn and sealed. The appellant was arrested. The property and the appellant were brought to Police Station. The property was kept in Malkhana. The offence was registered. One sealed packet was sent for chemical examination to Sagar. The report Ex. P/10 confirmed that article was opium and contained Morphine of 3.02 per cent. On completion of investigation, the challan was filed. The appellant was charged under Section 8/18 of the Act to which he pleaded not guilty. On evaluation of the evidence, the Trial Court convicted and sentenced the appellant as above.

(3.) I have heard Shri Jaisingh learned Counsel for the appellant and Shri N.K. Sharma learned Penal Lawyer for the State.