PRAMOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal under Section 374 of the Code of criminal Procedure against the judgment of conviction and sentence dated 9th july, 2001 passed by the Special Judge (NDPS) and the Additional Sessions judge, Gwalior (M. P.) in Special Case No. 6/2000, by which he has been convicted under Section 8 read with Section 18 of the Narcotic Drugs and psychotropic Substances Act (hereinafter referred to as "the NDPS Act"), 1985 and sentenced to undergo Rigorous Imprisonment for ten years and pay a fine of Rs. 1 lac; in default of payment of fine, he shall further undergo imprisonment for two years.

(2.) IN brief, the story of the prosecution is that on 4-7-2000, Station house Officer D. S. Kushwah (P. W. 8), P. S. Gwalior in the evening at Hazira chowki got information that three persons on a Yamaha motorcycle bearing regn. No. U. P. 16-A-2932 are going from Jati Ki Line towards Morar and they are carrying opium beneath the seat of the vehicle. The information was recorded in the Rojnamcha Sanha No. 69/2000 at Hazira Chowki. Panchnama of the information was prepared in the presence of witnesses and a copy of the said intimation was sent to CSP. Thereafter, the police party reached on the spot. After some time, three persons were coming on a motorcycle, at Birla Nagar near the railway over-bridge, they were stopped and on being asked they gave out their names and the appellant was being driven the motorcycle. Notice was given for search. They gave their consent for search. After formalities, when the seat of the motorcycle was opened, one polythene bag containing some black substance was found, which was being kept beneath the seat of the vehicle. On physical test, it was found to be opium. Seizure memo was prepared on the spot and then it was weighed. The weight of black substance alongwith polythene bag was found 890 gram out of which two samples of 25 gram each were taken and the substance was seized in the presence of the witnesses and sealed. Appellant and other co-accused were arrested on the spot and thereafter brought to the police station. The First Information Report (Exh. P-16) was lodged at police station. After completion of the investigation, charge-sheet was filed.

(3.) THE learned Trial Court after perusal of the prosecution evidence at the conclusion of trial, convicted and sentenced the present appellant Pramod as stated in Para one of this judgment and acquitted the co-accused Ramsunder @ Ram and Rakesh of the charge levelled against them.