MADAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a jail appeal by the prisoner Madan Singh who has been convicted under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act. 1985 and sentenced to undergo imprisonment for 10 years and pay fine Rs. 1.00 lac in default to further undergo 2 years R.I vide judgment dated 21 -4 -1995 passed by Additional Sessions Judge. Garoth in S.T. No. 302/90

(2.) IN short the case of the prosecution against the appellant was that on 6 -11 -1990 police patrolling party on the basis of some prior information had apprehended appellant in a running train No. 9019 at the Railway Station. Garoth and took him to P.S.G. RP. Shyamgarh where the Station House Officer RS Hatila (P.W.8) after due compliance of the provision of Section 50 of the Act searched the appellant accused and recovered 2.500 kgs of opium from his possession. Two samples of 30 gins each of the seized contraband were prepared and on chemical analysis it was confirmed that the seized contraband was opium. After other due investigation the accused was charge sheeted for trial.

(3.) I have heard Shri A. N. Pradhan learned Counsel for the appellant appointed by the Legal Aid Board and Shri G. Desai learned Govt. Advocate for the respondent -State.