RATAN NAGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Accused-appellants Ratan Nagar and Roop Narayan Nagar were tried and convicted u/s. 8/18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act) to a term of 10 years R.I. and a fine of Rs.100000/- and in default of payment of fine they were further sentenced to two years R.I. by Shri Shambhu Singh, the then Sessions Judge Guna on 19.3.1990.

(2.) The facts in brief are that on 16.5.1989 at 24.15 hours the Station Officer in charge P.W. 4, Sarvajeet Singh Chehal was informed that two persons were taking illegal opium at bus stand Guna. He entered the information in the general diary copy of which is Ex. P-3 and took with him A.S.I., M.B. Tiwari, A.S.I., R.R. Mishra, Deendayal, Constable, P.W. 1, Rambharose, P.W. 2 and others from the Force and proceeded for bus stand Guna. They saw two persons at the bus stand. On enquiry they gave their name as Ratan Nagar and Roop Narayan Nagar. Ratan Nagar had a suit case. When he was asked to open the suit case he took key bunch Article 2 from Roop Narayan and opened the suitcase, Article No.1. It was found that under the clothes there was a bag Articles containing opium. In the suit case there were articles Nos. 4, 5 and 6. He seized the bag containing opium (Art. No.3) along with other articles and prepared memo Ex. P-I before P.W. 2, Ram Bharose and P.W. 3, Suresh. He arrested both the accused persons at 10 A.M. vide memo Ex. P-2. He prepared a packet of 50 grams of opium for chemical examination and sealed. The accused persons were taken to police station and an entry in General Diary was made copy of which is Ex. P-4. At 2 P.M. an F.I.R. was lodged. On 22.5.1989 the opium was sent for chemical examination to Sagar. Report from Chemical Examiner (Ex. P-7) was received and it was found that the packet contained opium. After investigation charge-sheet was submitted. The accused denied the charge and alleged that both of them had gone to Guna for purchasing some articles. They were sleeping at Satkar Lodge. At about 1 A.M. enquiry was made from them that they had come from Rajasthan and going to Fatehpur. Police personnel took search. From the pocket of Ratan Nagar Rs. 1,000/- and from the pocket of Roop Narayan Rs. 500/- were recovered. The police personnel demanded money to which they refused. They were, thereafter, lodged in police station. There was no recovery. The prosecution examined P.W. 1, Deendayal Sharma, P.W. 2, Rambharose, P.W. 3, Suresh, P.W. 4, Sarvajeet Singh Chehal and relied upon documents Ex. P-I to P-7 and articles No.1 to 7 in support of their case. The accused persons also entered upon their defence and examined D.W. 1, Suneel Kumar, D.W. 2, Sujansingh and Narayansingh. The learned trial Court after considering the evidence on record and after hearing the parties accepted the prosecution story and convicted and sentenced the accused-appellants as aforesaid. Feeling aggrieved the present appeal has been filed.

(3.) The learned counsel for the appellants argued that the appellants have been falsely implicated. The articles alleged to have been seized were seized according to the case of the prosecution on 16.5.1989 but they were sent for chemical examination on 1.4.1990. It has not been shown as to where the articles were kept and whether they were in tact or not. Unless it was shown the accused could not be convicted. In this connection he relied upon the case of Balsara1. Lastly it has been urged that there was no compliance of Section 50 of the N.D.P.S. Act which is mandatory and its non-compliance vitiates the trial. In support of this contention the learned counsel relied upon State of Punjab v. Balbir singh and Ali Mustaffa Abdul Rehman Moosa v. State of Kerala.