LALU Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT/accused has filed the jail appeal against the judgment and order dated 26-12-98 in Special Case No. 8/98 by Special Judge NDPS Act, Ratlam of his conviction and sentence under Section 8/21 Narcotics Drugs and Psychotropic Substance Act (in short 'ndps Act') for sentence of 15 years rigorous imprisonment and fine of Rs. 1,00,000/- and in default of payment of fine further rigorous imprisonment for the period of 2 years.

(2.) THE prosecution case is that on 14-4-98 at about 9 PM the secret information was received by the Sub-Inspector Bajranglal of CBN and after forwarding the secret information to the higher authority, the Sub-Inspector alongwith the party reached to the Railway Station, Ratlam and the accused was found sitting in the waiting hall and after informing about the secret information, from the bag of the accused the Heroin weighing 1. 750 gm was seized vide Ex. P-4 and after extracting the sample from the Heroin the sample packet alongwith the seized item was sealed. That the accused was arrested and he was taken to the office of the Superintendent of the CBN Ratlam where the seized packets were deposited. That the sample packet was sent to the Alcolied Factory, Neemuch, from where it was reported that the seized item was the Heroin.

(3.) THE accused has abjured the guilt and the statement of the prosecution witnesses were denied in his statement under Section 313 and he has pleaded the false implication. No witness in defence was examined.