REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.451-452 OF 2005

RAM SINGH

… APPELLANT

VERSUS

CENTRAL BUREAU OF NARCOTICS

…RESPONDENT

J U D G M E N T

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

1

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 19^th 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 20^th July,

1997 and at his request appellant was