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2011 Supreme(SC) 461

CHANDRAMAULI KR.PRASAD, HARJIT SINGH BEDI
Ram Singh – Appellant
Versus
Central Bureau of Narcotics – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Sushil Kumar Jain, Puneet Jain, Nil Kumar Verma and Pratibha Jain, Advs.
For Respondents/Defendant: Ashok Kumar Srivastava and Sushma Suri, Advs.

JUDGMENT

Chandramauli Kr. Prasad, J.

1. Appellant aggrieved by his conviction and sentence is before us with the leave of the Court.

2. According to the prosecution a secret information led to recovery of 2.1 Kgms. of opium by PW.7, Abdul Mazid, the District Opium Officer from a room adjoining the kitchen of a hotel situated at Sagrana on Neemuch-Chittor road. Appellant was working as servant in the said hotel. Jagdish Mawal (PW.6) the then Deputy Commissioner of Narcotics was one of the members of the search party, who had seized the opium, drawn the seizure memo and recorded the statement (Ex.P/12) of the Appellant on the same day. PW.8, Mahaveer Singh, at the relevant time was working as Inspector in the Central Bureau of Narcotics and on 19th July, 1997 itself at 23:45 hrs., he was appointed as the Investigating Officer of the case. He produced the Appellant before the Special Judge on 20th July, 1997 and at his request Appellant was remanded to his custody till 21st July, 1997. He recorded the statement (Ex.P/15) of the Appellant on 20th July, 1997. In the statement (Ex.P/12) Appellant confessed that the opium seized was brought by him in the hotel. In another confessional statem

























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