GANESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by appellant Ganesh against order of conviction and sentence dated 24-2-1994 recorded against him by Shri P.C. Aggrawal, the then Sessions Judge. Bhind.

(2.) Briefly narrated the facts as unfolded by Amarsingh are that on 285-1993 PW 2, Amar Singh Sisodia was posted as Excise Sub-Inspector Lahar. On that date at about 12.30 p.m. he received an information from the informant that a person had kept opium with him and he was .in front of Middle School. Lahar on Bhind-Bhander Road and he was going to sell it. On this information he informed the District Excise Officer, Bhind as required u/section 42(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act), vide Ex.P.5. He then took the witnesses which were available and went near the Middle School on Bhind-Bhander Road. He reached there at 12.45 hours. He prepared a panchanama as required u/section 50. Ex. P. 4 and got it signed by witnesses. He enquired the name of the accused and disclosed his name as Ganesh. He told the accused that he may get his search either by the Excise Officer or by the nearest Magistrate. Ganesh told that it is not necessary to call any body, he himself can make search. Immediately he prepared panchnama and took search of the accused. A blue polythene was recovered in which 135 gms. of opium was kept. He prepared memo Ex. P3 and got signatures of the witnesses. A, seizure memo was prepared by him and he saw the blue coloured polythene which was recovered from the accused. It was found that it contained black solid substance. On smell it was suspected that it was opium. It was burnt wholly and there was smell. He was sure that it was opium. Thereafter he prepared memo Ex. P. 1. He put is signatures- signatures of the witnesses as well as of the accused. From the opium be prepared two samples of 20 gms. each for chemical examination. Both the samples and the remaining 95 gms. of opium were taken into custody. He took signatures of the accused and witnesses on the chits. He sent the recovered article for chemical examination on 7 -6- 1993 to the District Excise Officer, vide memo Ex. P. 6.

(3.) The accused was charged u/Section 17 of the N.D.P.S. Act. He denied the charge. He also denied the recovery. The learned Trial Court after considering the entire evidence and hearing parties held the accused guilty of the offence and convicted him and sentenced to a term of 10 years R.I. Hence this appeal.