JAI KISHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE accused-appellant stands convicted under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (No. 61 of 1985) (for short, the Act) and sentenced to undergo rigorous imprisonment for ten yeirs with a fine of rupees one lac or in default to undergo farther rigorous imprisonment for two years.

(2.) PROSECUTION ca'.e, stated in brief, was that on 19-4-1987 at 7.30 p.m. while the Station Officer PoJICe Station Rampura, Raghubirsingh (P. W. 4) was on village patrol, he received information through an informer in village Kundaliya that the appellant was to come with opium from his residence in viilage Gujarath, to his field known as 'Udiwala Khet, between 8.30 p. m. to 10.00 p.m. Yadav (P. W. 4) reached the village Gujarath with police force. They hid themselves in a Nullah. He sent for witnesses Mangilal and Motilal and they were apprised of the information received from the informer. The field was cordoned by police. When the accused came he was caught by Yadav (P. W. 4) with a white cloth in hand, when contained opium. The accused was arrested and prosecuted for the offence.

(3.) PROSECUTION examined four witnesses to prove the charge. They include the two punch witnesses Mangilal (P. W. 1) and Motilal (P. W. 2), the Analyst Jagdish chandra Jhanvar (P. W. 3) and the Station Officer Yadav (P. W. 4).