CHHOTU LAL Vs. STATE OF RAJ.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16-3-89 passed by the Sessions Judge, Jhalawar found the appellant guilty u/S. 18 of N.D.P.S Act and sentenced him to 10 years R. I. and a fine of Rs. 1,00,000.00, in default of payment of fine to undergo 5 years R. I.

(2.) Kanhaiya Lal A.S.I along with Pratap Singh Constable searched the house of the appellant and opium weighing 1 Kg. 700 gram was found. A case was registered. The sample was taken from the seized opium and was sent to F.S.L. for examination and on it is report it was found that sample was of opium. The appellant was challenged and was convicted and sentenced by the Sessions Judge as mentioned above.

(3.) The learned counsel for the appellant argued that in this case A. S. I. Kanhaiya Lal searched the house of the appellant and he himself is the informant of complaint in this case. Investigation of this case was also conducted by. him. It was argued that the complainant A. S. I. should not have investigated the case.