STATE OF M.P. Vs. JASKARAN

JUDGEMENT

(1.) Heard.

(2.) This criminal appeal has been filed by the State of against the judgment dated 14.1.1999 passed by learned Sessions Judge in Sessions Trial No.104/1993.

(3.) As per prosecution case on 16.3.1993 at about 3.15 A.M. the respondent-Jaskaran was caught with 30kg of opium and a case was registered under Sections 8/18 of Narcotic Drugs Psychotropic Substances Act, 1985. Against other co-accused Devram, offence was registered under section 27A of the NDPS Act, 1985 and the allegation against him was that he helped the accused Jaskaran and Satveer Singh and has made available the opium and helped the transportation of opium as well as in other matters. Against third accused Satveer Singh offence was registered under Sections 8/18, 2 (VIIIA) read with section 27A of the NDPS Act, 1985. The prosecution case further reveals that on 15.3.1993 the Station House Officer, Police Station -Ringnod, District-Ratlam has received information at about 7.45 P.M. from one informer that one Mahindra Jeep bearing No.10C0431 is going to transport opium. The Station House Officer called two independent witnesses, namely, Kanhaiyalal and Ram Gopal and they were informed about the information and a Panchanama Ex.P/2 was prepared, which was entered in Roznamcha Sanha at No.431 Ex.P/14. Thereafter, a Jeep was intercepted and 30kg opium was recovered. The house of accused Jaskaran was also raided on 17.3.1993 and nothing was found in his house. On the memo of accused Jaskaran the house of co-accused Devram was also raided and nothing was found from his house. The opium was sent for chemical examination on 22.3.1993.