VINOD DWIVEDI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed by the appellant/accused being aggrieved by the judgment dated 7.3.2007 passed by Special Judge (constitute under the N.D.P.S. Act) Satna in special case no.18/06 convicting and sentencing the appellant for the offence under Section 20 (b) (ii) (B) of the N.D.P.S Act 1989 (In short the 'Act') for RI 6 years with fine of Rs.30,000/- in default of depositing the fine, further 6 months rigorous imprisonment.

(2.) Facts giving rise to this appeal in short are that on dated 26.4.06 Shri U.K. Tripathi, ASI, Police posed at P.S. Amdara received credible information from the informer that one Vinod Dwivedi, appellant, R/o village Paraswara, is having the possession of illegal contraband substance the Ganja in his house. After recording such information in the Rojnamchasana he prepared a Panchanama in thisregard and also informed the SDO (P), Maihar and sent him an intimation in writing. He did not have sufficient time to get the search warrant as there was possibility to remove the substance from such premises on spending time in taking the search warrant, hence in the presence of witnesses after recording reasons for not obtaining the search warrant, the Panchanama was prepared by him.

(3.) Thereafter by making entry of their departure in the Rojnamchasana he accompanied with Police Officials and independent witnesses rushed to the house of the appellant. On reaching to such house the appellant was found there. In presence of the witnesses, the appellant was informed with respect of the abovementioned information that he is having the possession of Ganja in his house. Also informed the appellant about his right to search in presence of gazetted officer or the Magistrate, on which the appellant opted to carry out the search of his house from the said Police Officials. On such consent, after giving search of the Police Officials and the witnesses to the appellant, the search of his house was carried out in which near Latrin and bathroom two bags of some substance were recovered. On examination, the same was revealed to be Ganja. After making the homogeneous to such substance on weighing the same, it was found 10kg and 4.500 kg respectively in such bags.Out of such quantify two samples of 25 g. each to get examined from the forensic laboratory were taken out. The samples as well as remaining substance were sealed in accordance with the prescribed procedure. The abovementioned substance were seized and the appellant was arrested. With respect of aforesaid proceeding in presence of the witnesses different Panchanamas were prepared. The spot map was also prepared. Thereafter the appellant and the alleged substance were brought to Police Station. After making entry of their arrival in the Rojnamchasana the seized substance was kept in the safe custody of Malkhana of such Police Station. The FIR regarding abovementioned offence was registered against the appellant. In further investigation, the Khasrapanchshala and revenue map of the disputed place were obtained from the Patwari. The interrogatory statements of the witnesses were recorded, meanwhile abovementioned samples of the alleged substance were sent to FSL, Sagar where on examination, the same was found contraband substance, Ganja. After receiving such report on completion of the investigation the appellant was charge sheeted for the abovementioned offence.