VISHNU PYARELAL KANJAR Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has been convicted for having committed offence punishable under section 20 (b) (ii) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act' by keeping in his possession Charas and selling Charas to a bogus punter, witness Zahir Hassan (PW 4), on 27-11-1990. The quantity sold or the quantity possessed is not disclosed. The judgment is by VIIIth Additional Sessions Judge, Bhopal, dated 12-5-1992, in Session Trial No. 55/91. The appellant has been sentenced to RI for 10 years and fine of Rs. 1 lac (RUPEES ONE LAKH), and in default further RI for 2 years.

(2.) THE prosecution charge was that, at Bhopal, in the area of Sabjimandi, Itwara, on 27-11-1990 at about 10. 15 P. M. , this appellant was selling Charas to customers clandestinely and thus, contravening the provision of section 8 (c) of Narcotic Drugs and Psychotropic Substances Act, 1985. Sub-Inspector L. S. Chouhan (P. W. 5) had learnt about it and joined with him, Head Constable Shiv Mohan Singh and also Constable Ramlal (PW 3 ). He joined with him Zahir Hassan (PW 4) in order to trap the appellant. He handed over one currency note of Rs. 10/- to Zahir Hassan, instructing him to purchase some Charas from the appellant, and after purchase, to give necessary signal, so that the accused could be apprehended. Zahir Hassan went to accused and purchased one tablet of Charas for Rs. 10/- and gave that currency note to him, and signalled to the Police. The witness Amarchand (PW 1) was also joined by police for this event. The Sub-Inspector searched the person of accused and recovered 5 tablets of Charas wrapped in a paper and also the currency note of Rs. 10/- paid by Zahir Hassan to accused/appellant. He also recovered a tablet purchased by Zahir Hassan from the accused. He prepared three seizure memos of these articles and currency note of Rs. 10/ -. Earlier he had prepared a 'handing over' memo of this currency note, while giving it to Zahir Hassan.

(3.) THE recovered Charas was put into two packets and was sent to Forensic Science Laboratory, Sagar, where it could not be examined. Then it was sent to Government Opium Alkaloid Works, Neemuch where the examination showed, it to be Charas, Hence the prosecution.