VARDICHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this appeal; preferred by the appellant, lie has challenged his conviction under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act (For short 'The NDPS Act') and sentence of R.I. for ten years and fine of Rs. 1,00,000/-, in default of payment of fine, to suffer additional imprisonment for one year, passed by the learned Add 1. Special Judge (Under NDPS Act) in Special Cri. Case No. 82/2002 (old No. 24/2001) by judgment dated 25.03.2003.

(2.) According to the prosecution case, on 29.12.2000, in the noon at 1.10 p.m., ASI Shri Sengar of P.S. Afzalpur District Mandsaur received information from informer that the appellant Vardichand was to go along with narcotic drugs (smack) to give delivery to a smuggler near or at Badwan from village Kuchdod. This report was recorded and memorandum was also, prepared in presence of witnesses. After performance of legal requirement, police party reached on the spot and seized 300 grams smack including polythene packet. Out of this smack, two samples each of 30 grams were taken separately and sealed in accordance with the provisions of the NDPS Act. These samples were marked as Article A/1 and Article A/2. Sample Article A/1 was sent for examination to the Chemical Examiner. His report is Ex. P/23 dated 31.01.2001. According to this report, in sample Article A/1, 21.10% diacetylmorphine (heroin) was found. On completion of investigation, the police filed the charge-sheet against the appellant for commission of offence under Section 8/21 of the NDPS Act.

(3.) The appellant refuted the charges and pleaded innocence. He did not examine any witness in defence. Learned Trial Court, after examining the prosecution witnesses and healing both the parties, convicted and sentenced the appellant as shown here-in-above.