DOONGAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under Section 374 of Criminal Procedure Code has been proffered being aggrieved by the judgment dated 27.3.2001 passed by Shri J.S. Verma, A.S.J. Bhanpura in Special Sessions Trial No. 5/94 by which the appellant Doongar Singh has been convicted under Section 8/18 of the Narcotic Drugs And Psychotropic Substances Act (for short the Act) and sentenced to rigorous imprisonment of 10 years along with fine of Rs. 1,00,000/- (one lakh) and in default of payment of fine, to undergo two years' simple imprisonment.

(2.) As per prosecution story on'2.6.1993 on the information of informer, A.S.I. Aamar Singh Yadav of P.S. Bhanpura seized 1 kg. 210 gms. of opium from the possession of the appellant Doongar Singh and 1 kg. 607 gms. of opium from the possession of the co-accused Ramesh. Hence after due seizure and legal proceeding, crime No. 131/93 under Section 8/18 of the Act was registered at P.S. Bhanpura Dist. Mandsaur. Accused Ramesh was tried in S.T. 389/93 and was acquitted from the charges levelled against him. The appellant Doongar Singh was convicted after trial with the sentence above mentioned

(3.) It has been argued on behalf of the appellant that he has been falsely implicated during the trial. All the independent witnesses were turned hostile and they did not support in the proceedings taken up by the Investigating Officer. Seized opium and samples were not produced in the Court. It was not proved from the evidence that the seized opium and samples were deposited in the police station as per procedure. The compliance of Section 50 of the Act was defective. The evidence produced by the prosecution was not reliable. Panchnama about the information of the informer Ex.P/8 was defective and it was the photocopy. It was not duly proved by the evidence. Samples were sent to the F.S.L. after seven days. Hence appeal be accepted.