JAGGUMAL KUKREJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment/order dated 15.04.1998 passed by the learned Special Judge (NDPS) Raipur in Criminal Case No.302/1997 whereby the appellant has been convicted under sections 21/8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo R.I. for 10 years and to pay a fine of 1,50,000.00, failing which, he shall further undergo R.I., for two years.

(2.) The prosecution case, in brief, is that on 06.8.1997 at about 3.30 p.m., the Incharge of Police Station Saraswati Nagar, Raipur, Bhojendra Kumar Uike received secret information that the appellant accused has kept narcotic substance in his house No.43, Nagar Nigam Colony, Raipur for sale. The same was recorded as Sanha No.294 in Rosnamcha register vide Ex.16-C which is a certified copy and thereafter the Mukhbir Panchnama was recorded in the presence of the Panch witnesses P.W.5 Pawan Singh Thakur and Deepak Singh Thakur (P.W.6), and a copy of which, was sent to the higher officers. Subsequently, since the search warrant could have taken some time, the reasons were written in Ex.P-20 and thereafter the Police Officers along-with other police party as also seizure witnesses P.W.5 and P.W.6 went to the spot i.e., the house of the appellant. On reaching the house of the appellant, the appellant was called in person and was present in the house. Thereafter, accused was informed vide Ex.P-7 that information has been received that he has kept some narcotic substance and therefore, a search was required. It was also the case of the prosecution that the appellant was informed of the fact that if he so desires, he can get search in the presence of any gazette officer or Executive Magistrate. On having given the consent at the back of Ex.P- 7, search of the house of the appellant was made and the persons who went for such search, made the search in the house. It was recorded in the Panchnama vide Ex.P-8.

(3.) Further on search being made, from the drawing room of the appellant behind the wall under the cushioned bed, two polythene packets were found which on primary inspection were found to be brown sugar. Thereafter, both the packets were weighed which were of 104 & 103 grams respectively. Subsequently, the packets were sealed and seizure memo was prepared vide Ex.P-12 and thereafter, the Dehati Nalishi Ex.P-21 was prepared. The appellant was arrested u/s 20 of the NDPS Act and the sealed packets were deposited in the Malkhana which was received by P.W.4 Sankirtan Barik. After the arrest of the accused it was informed vide Ex.P-4 to the City Superintendent of Police. Subsequently, the sealed packets were sent for FSL vide Ex.P-1 through PW-1 Kalaram Khunte on 09.08.1997 and thereafter the FSL report was received on 23.08.1997 vide Ex.P-25 and according to the report, the powder was Diacetyl Morphine (Heroin) Subsequently, after the investigation, the charge sheet was filed u/s 21 of the Act.