GHANSHYAM Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT/accused has filed this appeal under Section 374 of the Cr. PC from the jail against the judgment and order dated 30-4-1998 in Special Case no. 44/97 passed by Special Judge, Ujjain of his conviction and sentence under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act (in short 'ndps Act') for the rigorous imprisonment for 10 years and fine of Rs. 1 lakh and in default of payment for fine, further imprisonment for a period of 2 years.

(2.) THE prosecution case is that on 1-1-97 at 4. 15 P. M. at Police station, Jaora ASI P. K. Vishwarkarma (P. W. 11) received the secret information and after sending the information to the SDOP Jaora, he proceeded to the house of the accused at Brahmin Gali Jaora and in presence of panch witness radheshyam (P. W. 1) and Kanhaiyalal (P. W. 2) the opium weighing 1 kg 250 gm from the bag hidden in a room was seized and after taking the sample of 30-30 gm the sample packed along with the seized item was sealed. That the accused was taken to the Police Station and the FIR was lodged against him and the seized item was deposited in the Police Station. The information under section 57 of the NDPS Act was sent to the higher authority. That the opium was sent for the examination to FSL Indore vide Report Ex. P-33 it was reported that the contents were opium poppy. The charge sheet was filed against the accused persons and after the investigation by Himmatsingh Rana (P. W. 8 ).

(3.) THE accused has abjured the guilt and denied the statement of prosecution witness and pleaded that the house from which the alleged recovery is made does not belong to him. No witness in defence was examined.