MOHD ISHAQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) APPELLANT/accused has filed the appeal under Section 374 of the Code of criminal Procedure against the judgment and order dated 19-3-1999 in Special criminal Case. No. 2/1998 by learned Special Sessions Judge, West Nimar, mandleshwar, of his conviction and sentence under Section 8 (c) read with section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short "the NDPS Act") for the rigorous imprisonment of 10 years and fine of Rs. 1 lakh and in default of payment of fine, further simple imprisonment for the period of 2 years.

(2.) THE prosecution case is that on 23-6-1998 at about 12. 45 p. m. in the afternoon when Inspector of CBN Mukesh Khatri (P. W. 1) along with the superintendent of CBN Pramod Kumar Sinha (P. W. 4) with the staff checked the bus of MPSRTC plying from Ratlam to Shirdi near the Khalghat Toll Tax naka of Police Station Balakwada, the accused was found sitting in a suspicious condition on Seat No. 15 and in the search of his bag, a bottle containing 800 gms of liquid Heroin formula and a packet of 100 gms Heroin was found and it was seized in the presence of driver and conductor of the bus, i. e. , Shankar Rao (P. W. 2) and Sharad Gaonkar (P. W. 3) respectively and the samples of 25-25 gms were drawn and sealed. That the statement of the accused under Section 67 of the NDPS Act was recorded. That the accused was taken to the office of cbn where seized items were deposited. Government Opium Factory, neemuch vide report Ex. P-9 opined that the contents of the seized items were heroin.

(3.) THE accused has abjured the guilt and denied the statements of prosecution witnesses in his examination under Section 313 of the Code of criminal Procedure and pleaded false implication. No witness in defence was examined.