JAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) FEELING aggrieved by the judgment dated 21.7.1993 passed by IV Additional Sessions Judge, Ratlam, in Sessions Case No.110/91 holding appellant guilty for the offence punishable under section 8 read with section 18 of NDPS Act, 1985 and sentencing him with RI for 10 years and fine of Rs.l,00,000/ - with a direction to undergo one year's RI, in default of payment of fine amount, this appeal has been preferred.

(2.) SHORT facts of the case are that on 14.4.1991 Krishna Kumar Upadhyaya PW3, Station House Officer received an information from the informer that two persons were coming by Ratlam -Banswada bus carrying contraband opium with them for its delivery to someone at Banswada. On this information Krishna Kumar Upadhayaya PW3 along with other witnesses proceeded and intercepted bus bearing No. CIF 232 at bus stand village Kunda. The bus was checked in presence of witnesses Anil Kumar PW 1 and Prithviraj Singh PW2, appellant and more person was found in the bus in suspicious condition, their names and addresses were ascertained and they were informed that police officer wants to take search of them. After obtaining their consent by consent letter Ex.P -10, they were searched, appellant Jalsingh was having a cloth bag with him, when the bag was opened then three plastic bags containing opium were found kept inside the bag. The article was smelled and tested by the police officer and witnesses and it was found to be opium, on weighment its weight was found 475 gms. Out of that article two samples of 50 gms. each were drawn and the contraband article and samples were sealed separately, seizure memo EX.P -2 was drawn on the spot appellant and another co -accused were arrested by arrest memo EX.P -1. On taking their search therein, ticket from Sarwan to Banswada and from Banswada to Paragraph were found in possession of the appellant. Journey tickets were seized by seizure memo EX.P -3 and EX.P -5. Thereafter Krishna Kumar Upadhayaya PW3 returned back to the Police Station Sailana along with appellant and the co -accused and with sealed contraband article and their samples. He registered offence under section 8 read with section 18 of NDPS Act by writing FIR EX.P -9. One sample was sent for examination to Government Opium and Alkaloid Factory, Neemuch, from where report EX.P -11 was received stating therein that the article which was sent for examination was opium.

(3.) LEARNED trial Court after examining the prosecution witnesses and on completion of trial found appellant guilty and sentenced him as stated hereinabove.