RAJJU RANVIJAY Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been preferred against the order of conviction and sentence dated 23.11.1994 passed by Shri K.L. Kori, Fourth Additional Sessions Judge, Bhind, whereby he convicted the accused-appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act) to a team of 10 years RI and a fine of Rs. 1,00,000.

(2.) THE facts in brief are that an information was received through an informant by M.S. Tomar, E.D.O.(P) and on this information on 19.10.1989 he along with Dy. S.P. Girija Shankar, Balbir Singh T.I. and other members of the Force gave a Dabish at the house of Nathuram Soni situated at Venkhandeshwar Road. The accused Rajju Chauhan was found coming down the stairs from the house of Nathruram Soni. He caught accused Rajju. At that time Suresh Soni (PW 1) and Nathu Ram (PW 2) were also with him. It was 6 p.m. Search was taken and it was found that he had tied 1 kg. opium in a plastic bag on his stomach in his garments. The opium was seized and memo was prepared. 100 gms. opium was taken out from it and kept in a separate packet and was sealed for sending for chemical examination. The remaining 900 gms. opium was separately sealed. He prepared Panchnama Ex. P-2 and lodged FIR (Ex. P-3) at Kotwali Bhind and got a case registered. He sent the opium for chemical examination through Ex. P-4. The case was also investigated by him. He inspected the site and prepared site plan and recorded the statements of witnesses. The accused denied the charge and argued that he was falsely implicated due to enmity when he was returning after attending tuition.

(3.) THE learned Counsel for the parties contended that the case involves a short legal question as such it may be heard on merits in order to avoid unnecessary delay in the disposal of the case.