RAJU Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal from jail .for assailing the order of conviction and sentence passed against him by, AddI. Sessions Judge, Caroth in the matter of S.T. 342/91 wherein the learned A.S.J. convicted the appellant for offence punishable u/s. 8/21, of N.D.P.S. Act 1985 (hereinafter referred to as NDPS Act). The appellant has been sentenced to undergo RI for 10 years and to pay fine of Rs.1.00 lakh for default to undergo RI for two years.

(2.) The facts of the case need to be stated in brief for unfolding the prosecution case. On 8.9.199 1, the raiding party raided a bogie of train No. 2904 up Frontier Mail. When the said train reached Bawani Mandi Railway Station, P.W. P. Harnamsingh had already received the information that two persons were carrying smack through the said train. Hence, he searched for those two persons in the said train, and when the members of raiding party approached the present appellant who was near the latrine in the compartment, the appellant was frightened. Because of suspicion the members of raiding party interrogated the present appellant and thereafter took his search 25 gms. of smack powder was found on the person of the appellanl. A panchnama was drawn. The said smack was seized in presence of panch witnesses and sent to Sagar Laboratory for chemical examination which reported that the said powder was containing heroine. Thus, the appellant was indicated for offence punishable under provisions of 5. 8/21 of NDPS Act.

(3.) Learned AddI. Sessions Judge after recording the evidence of prosecution witnesses concluded that prosecution had proved that smack was found in possession of the appellant in contravention of provisions of N.D.P.S. Act. He, therefore, recorded the conviction against him for offence punishable u/s. 8/21 NDPS Act, and sentenced him as mentioned above and that is being assailed in this appeal.