RITESH CHAKARVARTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 24.1.2006 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No. 484 of 2001 affirming the judgment of conviction and sentence dated 3.4.2001 passed by the Special Judge, Indore in Special Case No. 44 of 2000 under Section 8 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act").

(3.) One Sabiha Khatun, an Inspector in Central Bureau of Narcotics (Bureau) received an information from an informer on 2.8.2000 that a person would carry around 1.5 kg. of opium from Indore to Mhow. The informer allegedly disclosed that the person carrying the contraband would be boarding a bus for Mhow at about 4.00 p.m. at Shivaji Vatika. The information was recorded in writing. S.K. Bajpai, Inspector and PW-5 Girwar Puri were witnesses thereto. Shivaji Vatika is almost on the other side of the Bureau. There was a pan shop just in front of the Bureau of which Girish (PW-2) was the owner. A raiding team was constituted which included Shri S.K. Bajpai, Inspector (who was then incharge of the office of the Superintendent of Police of the Bureau). Girwar Puri (PW-5) was also member of the said team. Appellant was allegedly seen proceeding to catch a bus for Mhow. He was seen having a black Rexene bag in his hand. Girwar Puri, Sub-Inspector of the Bureau apprehended him. He was interrogated. He disclosed his name. He allegedly was given an option of search by a magistrate or a gazetted officer in terms of Section 50 of the NDPS Act or by the said PW-5. The search was conducted and opium weighing 1.300 kgs. was recovered. A currency note of Rs. 100/- was also found on his person. A report was prepared purported to be in terms of Section 57 of the NDPS Act and was placed before the superior officer who was none other than the said Shri Bajpai. One Murali Dhamkani (PW-6) was appointed as an investigating officer. He was also a party to the raid.