SHANTI LAL Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed by the appellant-accused against the judgment and order dated February 20, 2004 passed by the High Court of Madhya Pradesh (Indore Bench) in Criminal Appeal No. 1258 of 1997. By the said order, the High Court confirmed an order of conviction and sentence recorded by the Second Additional Sessions Judge, Neemuch on November 20, 1997 in Special Criminal Case No. 12 of 1994. Both the courts convicted the appellant herein for an offence under Section 8 read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and ordered him to undergo rigorous imprisonment for ten years and also to pay fine of rupees one lakh, in default to undergo rigorous imprisonment for three years.

(3.) The case of the prosecution was that on May 1, 1993, at about 4.00 a.m. in the morning, Station House Officer, Ratangarh received secret information through an informant that one Shantilal (appellant herein) resident of village Kankariya Talai was carrying narcotic drug and was expected to have come from the said village. He was to carry illegal opium to Beju (Rajasthan). The information was recorded by the Officer in Rojnamcha No. 997. The Rojnamcha was then sent for information to S.D.O.P., Jawad in accordance with Section 42 of the Act. ASI Gopal Singh (PW7) proceeded with the police party along with panch-witnesses Modi Ram (PW4) and Abdul Tazim (PW8) in a jeep. They were divided in two groups and hid themselves. At about 7.00 a.m., the appellant was seen taking out a bag used to carry fertilizer from a heap of grain from a field. When he was coming out of Bara with the bag in his hand, he was intercepted by ASI Gopal Singh and caught with the assistance of police party. Gopal Singh told the accused that it was suspected that he was carrying contraband material and he had right to get search made by a Gazetted Officer or by a Magistrate or by the witness himself i.e. Gopal Singh. The appellant, however, opted his search by ASI Gopal Singh himself. Accordingly, search was conducted. From the person of the appellant-accused, nothing was found but the bag carried by him contained 7 kilos, 60 grams of narcotic drug. The substance was smelt by panch-witnesses and it was found to be opium. The appellant was arrested on the allegation that he was possessing unlawful opium. He was taken to the Police Station where a crime was registered. Muddamal was deposited in Malkhana. After due investigation, charge-sheet was filed against the accused in Sessions Court, Mandsaur. The case was thereafter transferred to the Additional Sessions Judge for disposal in accordance with law.