TEJSINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has filed the appeal from the jail under Section 374 of the Cr. PC against the judgment and order dated 22-10-99 in Special Case No. 134/97 by Special Judge, Mandsaur of his conviction and sentence under Section 8/18 of the Narcotics Drugs and Psychotropic Substance Act (in short 'ndps Act') for the rigorous imprisonment of 10 years and fine of Rs. 1,00,000/- and in default of payment of fine further rigorous imprisonment of 2 years.

(2.) THE prosecution case is that on 29-9-97 at about 1 P. M. at Police Station, GRP, Shamgarh, ASI Ramayan Yadav (P. W. 10) on receiving the secret information and forwarding it to the Superior Officer proceeded alongwith the raiding party to Railway Station, Shamgarh and on Platform No. 2 the bag which was in the hand of the appellant was searched in which, the opium weighing 950 gm was seized and after taking the sample of 30-30 gm the packet was sealed and the accused was taken to the GRP Shamgarh and after registering the case against the accused the opinion (Ex. P-4) to Police GRP was sent. That the sample was examined by FSL Sagar and vide report (Ex. P-21), dated 14-10-97 it was opined that the contraband was opium.

(3.) THE accused has abjured the guilt and denied the prosecution allegation and pleaded false implication due to enmity. No witness in defence was examined.