BABU RAM Vs. STATE

JUDGEMENT

(1.) Appellant challenges his conviction and sentence awarded of ten years R.I. and fine of Rs. 1 lac for offence of Section 18 NDPS Act per judgment dated 31.08.87 in Sessions Case No. 10/1986.

(2.) Alleged facts leading to appellant's prosecution are that on 24.01.1986, S.H.O. PW/8 making the entry No. 524 Ex.P/9 6 a.m. in Roznamcha that as per information of informer, certain person is to come in Godawas ki Dhani, so he along with named police person also proceeds in jeep (to act). As the team led by S.H.O. arrived at Godawas at about 8.00 a.m., a young man having a "thaili" (bag) ran from out of Heera ki dhani towards west who was got hold of and he disclosed his name to be Babu Ram S/o Jora Ram and when the bag carried by him in hand checked, in it was opium like substance which when weighed procuring weight from dhani of Hapa Ram found 3 kg. Seizing substance and separating sample of 30 gm and keeping remaining substance in same polythene sealed separately. Memo of seizure prepared Ex.P/2 also bears impression of seal used. Accused arrested vide memo Ex.P/4 and site plan Ex.P/1 prepared. Arriving back at P.S. making entry of events in roznamcha at 10.00 p.m. No.540 Ex.P/10, FIR No.4/86 Ex.P/11 registered for the offence of Sec. 18 N.D.P.S. Act. Intactly keeping articles in malkhana, packet of sample was delivered at FSL with forwarding letter Ex.P/1. After usual investigation, charge-sheet submitted and on committal, case registered.

(3.) Appellant charged for the offence that he at about 8.00 a.m. of 24.01.1986 within the limits of village Godawas possessed without license or authorization 3 kg of opium which was recovered from his possession claimed trial.