MANGILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) - This appeal is directed against the judgment dated 10.7.87 passed by the lInd Additional Sessions Judge, Ratlam, in Sessions Trial No. 42 of 1987, whereby the appellant has been convicted under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/- and in default of payment of fine, further rigorous imprisonment for five years.

(2.) According to the prosecution story, on 8.1.87, the Assistant Sub-Inspector, Karansingh Kushwaha (P.W. 4) of the police station, Station Road, Ratlam, received information that a person in suspicious circumstances is sitting in the Hotel Jai Bajrang, of Ratlam, (also referred to as Jai Bajrang Tea Stall), and might be having opium. This information was entered in the Rojnamcha at serial No. 650 (vide Ex. P4-C) and the said Karansingh along with the police party reached the spot.

(3.) At the Hotel, the appellant was found sitting covering himself with a Chadar and taking tea. His person was searched in the presenee of the Panch witnesses P.W. 2 Sagarmal, an employee in the hotel, and P.W. 3 Vijay, proprietor of a nearby Pan shop. On search, in a packet of cloth, opium contained in 4 plastic cases tied to the body was found. It weighed 3,500 grams.