SHYAM Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of the Code Criminal Procedure feeling aggrieved by the impugned judgment of conviction dated 26.7.1997 passed by the Special Judge, Indore in Special Case No. 112/ 1996 whereby appellant/ accused has been found guilty under Sec. 8 r/w Sec. 21 of the Narcotics and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act, for brevity) and has been sentenced to 10 years rigorous imprisonment with fine of Rs. 1,00,000.00 and in default of payment of fine, further ordered to suffer imprisonment for 2 years.

(2.) Briefly stated facts of the case are that appellant/accused is required in a case registered at Police. Station, Pandharinath, Indore for an offence punishable under Sec. 307, IPC. On 6.9.1996 concerning Police Officer Mrugendra Tripathi received secret information that aforesaid accused Shyam Joshi was present near Urdu School, who is required in the aforesaid case under Sec. 307, IPC, then concerning Sub-Inspector together with police force reached near Urdu School and caught appellant/ accused and brought him in Police Station and on search seized 20 gms. contraband article of heroin from his possession, for which registered a case under Sections 8 /21 of the Act and arrested him in this case. Two samples of 5 grams each were taken out from the seized contraband article for its chemical examination and sent the samples for examination to F.S.L., Indore from where report Ex. P/9 received wherein sample of the seized article has been found to be diactyl morphine. After investigation, charge-sheet has been filed before the Special Judge, Indore. Appellant/ accused abjured the guilt and his defence is of false implication in this case. Learned trial Court after due appreciation of the entire evidence on record, held appellant/ accused guilty for the offence punishable under Sections 8/21 of the Act and sentenced him as stated hereinabove. Feeling aggrieved by which appellant/ accused has preferred this appeal.

(3.) I have heard learned Government Advocate and perused the appeal memo and the record.