BHERULAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the judgment dated 24.11.2004 passed by the Court of Shri J.P. Maheshwari. Special Judge, (N.D.P.S.) 7 Ist Additional Sessions Judge, Neemuch in Special S.T. No. 147/02 by which the appellant Bherulal has been convicted under S.8/18 (C) of the 'N.D.P.S. 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 additional two years' rigorous imprisonment.

(2.) According to prosecution story on 17.9.2002 A.S.I. K.L. Saurkhya, Police Station, Jiran, Dist. Neemuch on information received from the informer, seized 1 kg. 400 gms. of opium from the possession of the appellant Bherulal. Hence after investigation challan was field against him and after trial, he has been convicted as mentioned above.

(3.) It has been argued on behalf of the appellant that he has been falsely implicated. Inde- pendent witnesses of the seizure memo and other proceedings do not support the prosecution story. The statement of Investigating Officer was not supported by other evidence. Seized property was not produced before the trial Court. The house from where the property was seized, was not in occupation of the appellant: hence appeal be accepted.