PRAMOD Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 4th April, 1994 passed by the learned Addl. Sessions Judge, Ratlam in Sessions Trial No. 79/91 thereby finding the appellant guilty of the offence punishable under Section 8/18 of the narcotics Drugs and Psychotropic Substances Act (Herein-after referred to as the NDPS Act) and sentencing him to suffer R. I. for ten years and to pay a fine of Rs. 1,00,000/- (One lac rupees ). In default of payment of fine, he was also directed to suffer additional R. I. for two years.

(2.) THE prosecution case in nut-shell is that on 03-01-91, Town inspector PW-4 Pravin Thakur after making entry in the Daily Diary dated 03-01-91 (Ex. P/4) at No. 213 at 9. 05 PM regarding going on city petrolling along with Sub-Inspector PW-3 Rakesh Kumar, Head Constable Dalpatsingh, constable Kalusingh in Government Vehicle bearing Registered No. MPP 3722 proceeded for petrolling. When they were in the area of Ramgarh, Town inspector received information from the informant (Mukhbeer) that the appellant was coming on scooter MP-14-5128 from Chamaria Barrior having opium for the purpose of sale. On this information, police party took position to stop and search the appellant. The appellant was coming in a speed on the scooter. He was chased by the police and caught at the square of Chowmukhi bridge. Witness Mangilal (PW-1) was called and in his presence search of the appellant was taken by the Town Inspector PW-4 Pravin Thakur. In personal search of the appellant, he found only Rs. 1,700/- cash amount. Thereafter, they took search of Bajaj Scooter of the appellant and took out Raxine stepny cover and found opium in a polythene. On the spot, there was no facility of weighment of the contraband article, therefore, the police party along with Panch witnesses and the appellant reached at Manak Chowk at the betel shop of Kailash (PW-2)who was having weighing instrument. There the contraband article said to be opium was weighed. The weight of the opium was 195 grams. Out of this quantity, two samples of 5 grams each were prepared separately. The seizure-memo of the opium was prepared. The appellant was arrested and thereafter, the police party along with the appellant returned back to the Police Station. At the police station, entry in the Daily Diary about their return was made vide Ex. P/6 and the seized cash amount, opium and the scooter as also its stepny were handed over to the Head Constable In-charge of Malkhana. The seized samples was sent for Chemical Examination to the Director F. S. L. Sagar. Its report is Ex. P/7 confirming the presence of meconic acid and positive result of opium alkaloid. The sample was containing 3. 42 morphine. After necessary investigation, charge-sheet was filed against the appellant for the offence mentioned herein-above. The appellant denied the prosecution allegations. His defence was that he was falsely implicated by the police at the instance of one Ramgopal parmar Tantrik with whom, he was having strained relations. The appellant has also specifically denied in his statement recorded under Section 313 Cr. P. C. about seizure of opium from raxine cover of his scooter-stepny. At the time of framing of charge, as per provision under Section 228 of the Code of Criminal procedure, he denied the charges and submitted that because of enmity, some body might have put the contraband article in the scooter-stepny. On denial, the appellant was put to trial. The prosecution examined five witnesses and got proved 7 documents in order to establish its case whereas the appellant did not examine any witness in his defence.

(3.) HAVING heard learned Counsel for the parties and after perusing the entire record, this Court is of the considered view that the prosecution has miserably failed to prove its case against the appellant beyond all reasonable doubt.