GOVIND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The judgment of conviction and order of sentence passed in Special Case No. 52/ 1996 on 31.3.1999 by Additional Sessions Judge, Garoth, Mandsaur is under challenged in this appeal wherein and whereby the appellant was found guilty for the offence punishable under section 8 read with section 21 of the Narcotic Drugs And Psychotropic Substances Act and has been sentenced with rigorous imprisonment for 14 years and fine of Rs. 1,00,000.00. It has also been ordered that in default of payment of fine appellant would require to undergo further rigorous imprisonment for two years.

(2.) The case of the prosecution before Trial Court in short was that on 11.3.1996, Asst. Sub Inspector Indrabhan Singh Parihar, Police Station-Shyamgarh received a secret information at about 8.5Q that two persons namely Kalulal Jain and Govind were carrying smack and were stand in on platform No. 2 of railway station Shayamgarh and were waiting for mail train to go towards Kota. The information was reduced in writing by A.S.I. Parihar and entry in Rojnamcha was also made and then copy of the Panchnama as well as information were sent to Sr. Officers S.R.P., Indore by constable Ramesh. Thereafter, A.S.I. proceeded towards Platform No. 2 along with Panch-witnesses. Appellant along with Kalulal Jain was found standing at Platform No. 2. He was informed regarding his right under section 50 of the Narcotic Drugs And Psychotropic Substances Act and thereafter, with his consent he was searched. He was carrying a bag in his hand and on search 400g.of smack was recovered in a plastic packet from that bag. The article was smelled and tasted by ASI Indrabhan Singh Parihar and witnesses and on preliminary examination it was found to be smack. Two samples of 5 g. each were drawn from that packet and thereafter samples and remaining smack were sealed separately. In personal search one railway ticket from Shyamgarh to Kota and currency note of Rs. 50 were also recovered from the possession of the appellant. He was arrested and F.I.R. Ex. P-22 was written by ASI Parihar. The sample of the contraband was sent for chemical examination to Forensic Science Laboratory, indore. On examination it was found to be Diacetylmorphine and so it was heroin within the meaning under Narcotic Drugs And Psychotropic Substances Act. After completion of the investigation charge-sheet was submitted and appellant was put to trial.

(3.) During trial appellant denied the charges and pleaded innocence.