SHOBHARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant Shobharam, having been convicted by Shri Vijay Kumar Shrivastava, Sessions Judge, Narsinghpur in Special Case No. 6/94 for committing offence u/S. 18 of the Narcotic Drugs and Psychotropic Substances Act 1985, (hereinafter referred to as the Act) whereunder he has been sentenced to ten years' R.I. together with a fine of Rs. 1 lac and in default of payment of fine, to undergo one year's further R.I. has approached this Court by means of present appeal.

(2.) The appellant is resident of village Menhada within the P. S. Tendukhede, Distt. Narsinghpur. It was on 30-1-1994 that an informant gave information to Rajesh Tiwari, Sub-Inspector of Police Tendukheda (P.W. 5) that in village Menhada, which falls within the said police station, that Shobharam, the present appellant, carries on the business in opium and is at present possessed of the opium which is kept by him in the inner pocket of his Baniyan. On receipt of such information, after making entry in the general diary, i.e. Roznamcha Sanha and proceeded with the staff accompanied by Mohd. Saheed Khan A.S.I. and others, constables and Sainiks (Homeguard person) and two witnesses Sitaram and Rangai, for the village Menhada on 4 motorcycles and reached there. The accused, seeing them, tried to rushinside his house but he was taken into custody after surrounding him and thereafter, after obtaining the consent from the accused, In charge Police Station, Rajesh Tiwari gave his search as well as search of the staff and the witnesses to the accused whereafter the search of the accused Shobharam was taken. From the left inner pocket of the, Baniyan worn by the accused Shobharam, about 25 to 30 grams opium was found in a polythene pack which was seized on the spot together with the Baniyan and the same was sealed and the seizure memo Ex. P. 3 was prepared. Thereafter, Dehati Naldshi was taken down and a crime was registered by the police at the police station as Crime No. 17/94 u/S. 18 of the Act. The Supdt. of Police as well as Asst. Supdt. of Police were given information regarding the offence and report was communicated to them on wireless which is Ex. P. 11.

(3.) The seized article first of all was sent to the Excise Sub-Inspector who after examining the same, opined the seized article to be the opium whereafter the article was sent to the Forensic Science Laboratory, Sagar and as per the report of the Forensic Science Laboratory, Sagar, the seized article was found to be the opium of Poupi in impurified Coagulated Juice. The report is Ex. P. 14. According to the report, the presence of Morfin was found to be 2.39 which was above the specified standard. After investigation, the accused was booked for crime u/Ss. 18, 19 and 20 of the Act and he was accordingly charge-sheeted.