AMBARAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment, order of conviction and sentence dated 19.4.2005 recorded by Special Judge Ratlam in Special Case No. 24 of 2003, wherein and whereby appellant Ambaram son of Nathu has been found guilty for commission of offence under section 8/18 (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter shall be referred to as the 'Act') and sentenced him to undergo RI for five years and fine of Rs. Fifty thousand, in default to further undergo RI for six months.

(2.) IN short, facts of the case are that on 12.5.2003 at about 11 a.m. Inspector Mr. S.P.Panwar of Police Station, Jaora has received an information from Mukhbeer that accused appellant would come on motorcycle bearing Registration No. MP-43-B-3434 at Sawariya Restaurant. A panchnama was prepared in this regad before Panch witnesses Mukesh and Wahid. Since there was no time left for obtaining search warrant, therefore a copy of information was sent to SDO (P) through constable Vijaysingh. A team of police force headed by Mr. S.P. Panwar, Sub Inspector proceeded to the spot. After some time appellant came on motorcycle bearing No. MP-43-B-3434. He was intercepted by Sub Inspector Panwar and was apprised with the information of the informer. He was also informed that he has right to give his search before the Magistrate or a Gazetted Oficer, but, appellant gave his consent to be searched by Inspector Panwar. A panchnama in this regard was prepared which was signed by accused appellant. Thereafter search of the motorcycle was made on which a Dicky was found. The Dicky was opened, in which a Polythene bag was kept. The bag was opened, thereupon opium was found. It was weighed and was tasted by Tastekit. On weighment it would found 1.50 gms. Out of which two samples of 24 gms. each were drawn separately and kept in a cigarette box. Both the sample boxes were sealed. A chit was pasted duly signed by the panch witnesses; Sub Inspector and the accused. A seal of Police Station (City) Jaora was also affixed. Both the packets were marked as Art. A-1 & A-2. Thereafter appellant was arrested. An offence was registered against the appellant. A detailed report under the provisions of section 57 of the Act was sent to SDO (P) Jaora. One packet of sample was sent for chemical examination. After chemical examination the Chemical Examiner found 4.27% of Morphine which was confirmed opium. After completing investigation, a charge- sheet was filed before the trial Court.

(3.) PROSECUTION has examined as many as 10 witnesses to prove the guilt of the appellant.