P The accused persons were stopped and apprised through the numberices Ex.
M.P. 04 R 7693 from the side of new jail to Gandhi Nagar.
ARIJIT PASAYAT, J These two appeals relate to the companymon judgment rendered by a learned Single Judge of the Madhya Pradesh High Court at Jabalpur Bench upholding companyviction of the appellants hereinafter referred to as the accused by their respective names for companymission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as the Act .
The sealed samples were sent to the Forensic Science Laboratory and as per report Ex.
Samples of 10 grams each were taken and sealed.
The accused persons pleaded number guilty.
Their defence was that they have been falsely implicated.
The trial Court held that the testimony of the investigating officer to be reliable and unbreakably supported by the Onkar Singh Kushwaha PW 1 and Rajindra Singh Yadav PW 3 Police Constable, who accompanied him though the two panch witnesses Ramesh PW 4 and Yakoob Khan PW 5 did number support the prosecution version.
The seized opium in sealed companydition was deposited in Malkhana of the police station.
P 10 and Ex.
Sd Sd Sd Ram Vilas Prabhashankar at 14.20 P.M. 3.11.1998 3.11.98 Thana Shahjaibad at 14.25 P.M. Thana Shahjaibad.
In addition to custodial sentence of 10 years, a fine of Rs.1,00,000/ was imposed.
It was seized as per seizure memos Ex.
On their search 200 grams of opium was found on the person of each of them.
The information relating to search and arrest of the accused persons was sent to the superior officer on 5.11.1998 as per Ex.
The crime was registered as per Ex.
They opted to be searched by him.
P 14, the companymodity which was seized was found to be opium.
P 4 and Ex.
Prosecution version as unfolded during trial is as under On 3.11.1998 S.B. Shrivastava PW 6 received information that two persons in possession of opium were going on scooter No.
P 11 that if they so desire, can be taken to a Magistrate or a gazetted officer for search.
This information was recorded at Serial No.216 in Roznamcha and transmitted to the C.S.P. as per Ex.
