MOTA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Mota Ram has challenged in the present appeal the conviction under Section 18 of the Narcotic and Psychotropic Substances Act, 1985 (for short 'NDPS Act') vide which he was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac and in default, to undergo a further period of 6 months simple imprisonment.

(2.) It is the case of the prosecution that PW8 Gurdayal Singh, S.I., CIA Staff, Dabwali received a secret information when he was on patrolling duty that the accused had indulged in opium deal. PW8 prepared a report Ex.P22 as contemplated under Section 42 of the NDPS Act and despatched the same to Superintendent of Police, Sirsa through Constable Surinder Kumar. He also requested PW7 Ram Phal, DSP, Dabwali to reach the spot.

(3.) In the statement under Section 313 Cr.P.C., the accused stated that he was innocent. Nothing was recovered from him. The entire proceedings were conducted only in the police station but he was falsely implicated at the instance of the Sarpanch of the village due to party faction.