SANAT KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) Appellant-accused has filed this appeal under S. 384, Cr. P.C. against the judgment and order dated 15-1-98 in S.T. No. 19 of 96, passed by Addl. Sessions Judge, Agar, of his conviction and sentence under S. 8/22 of the Narcotic Drugs and Psychotropic Substances Act (in short NDPS Act) arid R.I. of 10 years and fine of Rs. 1 lac, in default of payment of fine further imprisonment for a period of 2 years.

(2.) The prosecution case is that on 15-8-96, at about 7 p.m. Station House Officer, Barod Bhati (P.W. 1) received secret information that the accused is carrying smack for sale and the secret information was recorded by him in the panchnama (Ex. P-2); that the information was sent by him through Constable to S.D.O.P., Agar; that S.D.O.P., Agar went to the police station and he along with the SDOP, Agar and the seizure witnesses proceeded to Tekri of Kwaja Saheb, where the accused was apprehended and he was apprised of his right to opt for the search by the Gazetted Officer or the Magistrate, that the accused gave in writing that he wants to be searched by SDOP and Ex. P-9 is the consent memo; that in the search of the accused in the left pocket of his trousers, a packet containing 5 gms. of smak was found and after taking samples of 2 gms-2 gms they were sealed. The accused was then taken to the police station, where the muddemal was deposited in the Malkhana. That on 16-8-96 the sample packet was sent to F.S.L., Indore and the FSL has reported, vide Ex. P-24 that the packet contained smak. After investigation the charge-sheet under S. 8/22 of NDPS Act was filed against the accused.

(3.) The accused abjured the guilt and denied the prosecution allegation and pleaded false implication due to enmity with the police.