DILIP Vs. STATE OF M P

JUDGEMENT

(1.) Appellant was prosecuted for commission of an offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act, for short) on the basis of a First Information Report lodged by one Shri S.S. Tomar, the Officer in charge of P. S. Kumbhraj alleging that while he was posted as S.H.O. at the said police station, on 24.12.1996 when he came out of the gate for arresting one Shivraj Meena, he found two persons coming out at a fast speed in a scooter. They were stopped. They disclosed their names as Dilip Singh (Appellant) and Ramsharan. A search of their person was conducted. Nothing was found, but, on search of the scooter, some black coloured liquid substance contained in six big plastic bags and one small plastic bag were seen, which were said to be containing opium. Allegedly, the S.D.O.P. of the place Raghogarh, named, Shri G.S. Jadon was informed and 5 kgs. 890 gms opium was recovered.

(2.) They were arrested at the spot. Learned Sessions Judge, Guna recorded a judgment of acquittal, inter alia, holding that the search and seizure was vitiated in law as mandatory statutory requirements contained in Sections 50 and 42 of the NDPS Act were not complied with. The seizure witnesses did not support the prosecution case. The informant also did not comply with the requirements of Section 57 of the NDPS Act. Sealing of the contraband materials was not carried out in accordance with law as no responsible officer fixed seal on the seized samples.

(3.) The State preferred an appeal before the High Court against the said judgment of acquittal which was registered as Criminal Appeal No. 524 of 1998. The High Court reversed the said judgment of the learned Sessions Judge holding :