RAMESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is arising out of the judgment dated 24.01.1997 passed in Session Trial No.141/96 by the First Additional Sessions Judge, Ratlam. The appellant has been convicted for the offence under Section 8/18 of the NDPS Act and has been sentenced to undergo 19 years RI with a fine of Rs. 1,00,000/- and in default of payment of fine, further 3 months' RI has been inflicted upon the appellant.

(2.) Facts of the case reveal that on 10.04.1996, Station House Officer namely Shri K.K. Upadhyaya received an information from the informant thate- B one Rameshwar has kept opium in the first floor of his house situated in villagodina, Distt.-Ratlam and on the basis of the aforesaid information received from informant, the Station House Officer prepared a Panchnama (Ex.P-1) in presence of Panch witnesses namely Niranjan S/o Bherulal and Lalu S/o Kodar.

(3.) As per prosecution case, a copy of the information was forwarded to the Sub Divisional Officer (Police), Sailana thereafter, the Station House Officer, Shri K.K. Upadhyaya along with Sub-Inspector, Rohila; Head Constable-Jailal (No.88), Constable-Mewaram (No.300), Constable-Hemant Singh (139) and Constable-Mukut Singh, No.410 in a private vehicle bearing bistration No.MP-14B-9339 went to Sialana Police Station and then along with Station House Officer-Mahendra Singh and Shivgarh as well as other police force reached village-Bodina.