GENDA LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17-9-1987 passed by the III Additional Session Judge, Indore in Sessions Trial No. 706 of 1986 convicting the appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Acts) and sen­tencing him to rigorous imprisonment for 10 years and a fine of Rs. 1,00,000 thereunder.

(2.) CIRCUMSTANCES giving rise to the appeal are these, according to the prosecution at 6.35 p.m. on 22-9-86 Station House Officer, G. R. P. Indore received information to the effect that a person having big moustaches with one of his right fingers bandaged and wearing a Khaki pant is travelling by Train No. 69 carrying with him opium in a attache of brown colour. The information was entered in the Roznamcha (vide Ex. P-4).

(3.) IT was at Mhow railway Station that Kartar Singh (PW 1) interrogat­ed the appellant who admitted that the brief case contained opium. From there the appellant together with the railway servants Darshan Singh (PW 2) and Jalam Singh (PW 4) was brought to G. R. P. Police Station Indore and FIR was lodged at 8.10 p.m. the same day (vide Ex. P. 1).