GORAKNATH Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted under Section IT of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has been awarded the minimum sentence of ten years R.I. and to pay fine of Rs. 1,00,000.

(2.) BRIEF facts leading to the prosecu­tion case are that on 10-10- 1990, S.S. Parihar (PW 3), after receiving informa­tion that the accused was carrying con­traband opium, after recording the infor­mation, took S.C. Choudhary (PW 1) and Head' Constable Bhagwat Singh (PW 2) with him to the spot. After apprehending the accused, his search was taken and in two packets 12 grms. of opium was found. The samples were drawn on the spot it self and the same were sent for chemical analysis on 11-10-90 under Exhibit P-5: The analysis report was received under Exhibit P-4 on 21-12-90. As the report confirmed that the substance/seized from the accused was opium, the prosecution agency after completing investigation filed the charge sheet. The accused denied com­mission of the offence and took the plea of false implication. The learned trial Court, after hearing the parties, came to the con­clusion that the prosecution was success­ful in proving the offence against the accused, accordingly convicted him and awarded the sentences referred to above.

(3.) THE appeal deserves to and is ac­cordingly allowed. The conviction recorded and the sentence awarded to the accused are set aside. He is in jail. He be immediately released. Registary shall make arrangement for payment of fee to the Counsel appointed by the Court. Appeal allowed.