KESHARDAN Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 23-12-2003 passed by Special Judge (NDPS), Neemuch in Special Case no. 37/2002, convicting the accused-appellant under Section 8/21,8/15 and 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the act") and sentencing him to suffer R. I. of 6 months and fine of Rs. 10,000/-, in default of payment of fine amount further sentence of 45 days under Section 8/21 (A) of the Act and he has been further sentenced to suffer R. I. of ten years each and fine of rupees one lac each, in default of payment of fine amount further sentence of two years R. I. each under Sections 8/15 (B) and 8/18 (C) of the Act, the appellant has knocked the door of this Court by preferring an appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that when Station Officer incharge M. L. Chouhan along with his force was going to investigate Crime No. 53/2000 under Section 382/34, IPC, he received an information from the informant that in Village Garwada the accused-appellant in his Bada (a piece of land encircling dwelling houses) has kept contraband article which is hidden in a heap of grass. Eventually, the Station Officer Incharge proceeded to the spot. As per story of the prosecution the appellant was in side the house and he accompanied the police party to the spot which a Bada. In the Bada police party found poppy straw, on weighing it was found to be 20 kgs. Poppy straw was kept in a gunny bag. Similarly 1. 350 kgs. opium and ammonium chloride and solvent ether were found in a tiffin box. These articles were hidden in the heap of grass. The Station Officer Incharge took out two samples from the bulk of each contraband article and sent them for chemical examination where the FSL confirmed the presence of respective contraband article in the samples.

(3.) A charge-sheet was submitted in the Special Court and the Special court on going through it framed charges for offences punishable under sections 8/21, 8/15 and 8/18 of the Act against the accused-appellant. The accused abjured his guilt and pleaded complete innocence.