BANSHILAL PATIDAR Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT/accused has filed the appeal against the judgment and order dated 14-8-2002 in Special Case No. 109/99 by Special Judge NDPS Act, 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 for 10 years and fine of Rs. 1 lakh and in default of payment of fine, further rigorous imprisonment of 2 years.

(2.) THE case of the prosecution is that on 14-6-99 at about 9 PM at police Station, Bhanpura Station House Officer Shersingh (P. W. 9) received the secret information that the accused is transporting the opium on his Motor cycle and after sending the information to the SDOP Garoth, the Seizing officer (P. W. 9) alongwith the Police force and the witnesses reached near the dargha and accused was intercepted while he was going on the Motor Cycle. That accused was apprised of his right of search before the Gazetted Officer or the Magistrate and the accused has consented his search by Shersingh (P. W. 9 ). The consent memo is Ex. P-8. That in the search on the carrier of the Motor cycle the bag containing 5 kg 100 gm opium was found and after extracting 30-30 gm of the opium, the sample packet and the seized opium was packed and sealed. That the accused along with the Motor Cycle and Muddemal was taken to the Police Station and the case was registered against the accused. That muddemal was handed over in the safe custody to Head Constable Machalsingh (P. W. 6) and information under Section 57 was sent to the higher authority. The fsl Indore has submitted the report Ex. P-26 that the contents in the sample packets were opium. Shersingh (P. W. 9) conducted the investigation and filed the charge-sheet.

(3.) THE accused has abjured the guilt and pleaded false implication due to enmity.