NANDKISHORE Vs. CENTRAL BUREAU OF NARCOTICS NEEMUCH

JUDGEMENT

(1.) THE appellant has called in question the judgment of conviction and order of sentence passed by the Special Judge (NDPS), Mandsaur in Special Case No. 107/97, whereby he has been convicted under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and has been sentenced to suffer rigorous imprisonment often years and fine of Rs. 1,00,000/-, in default of payment of fine amount rigorous imprisonment of two years.

(2.) IN brief the case of prosecution is that on 9-8-97 M. K. Pipal, Sub inspector of Narcotic Department received an information from the informant that the accused-appellant is having possession of opium in his house. Thereafter on 10-8-97 P. W. 6 Inspector Rajendra Kumar along with another Inspector of the Department, Mahavir in the leadership of P. W. 7 Superintendent Mr. P. K. Sinha raided the house of the appellant and nearby staircase of his house in two gunny bags of urea fertilizer, opium was found. On weighing, in one bag 3. 850 kgs. and in another bag 3. 350 kgs. of opium was found. Seizure memo Ex. P-2 in that regard was prepared at the spot and the confessional statement of the accused- appellant Ex. P-16 was recorded. Two samples were taken out from the bulk of the contraband article (opium) and the same were sent to the chemical examiner, who confirmed the samples to be of opium.

(3.) AFTER completing investigation, a charge-sheet was submitted before the Special Court which on going through the charge-sheet, framed a charge punishable under Section 8/18 of the Act against the present appellant. Needless to emphasis, the accused-appellant abjured his guilt and pleaded complete innocence.