MAKHMAD KHAN Vs. CBN MANDSAUR

JUDGEMENT

(1.) ­These four appeals are arising out of same judgment, hence they are being disposed of by a common judgment. These appeals have been preferred by the appellants being aggrieved by the judgment dated 28..12.05 passed by the Court of Shri Jaswantsingh Kshtriya, Special Judge, (NDPS),Mandsaur in Special case No. 138/96 by which the appellant Ajij has been convicted under S.8/18/29 of the N.D.P.S.Act (for short the Act) and remaining appellants are convicted under S. 8/18 of the Act and all the appellants have been sentenced with rigorous imprisonment of 12 years along with fine of Rs.1,50,000/ - (one lakh, fifty thousand)) and in default of payment of fine, to undergo additional four years rigorous imprisonment by each appellant.

(2.) ACCORDING to prosecution story on 3.8.1996 a preventive party was organized by the CBN and general checking of the vehicles was being carried out at railway crossing near Agricultural College, Mandsaur. During this checking a tempo trax No. RJ -09C -0812 was intercepted. This tempo trax was being driven by Ashraf Khan and Makhmad Khan, Rahim Khan were sitting at the back seat. The member of raiding party, gave their introduction and accused persons were informed about the search of the vehicle and after obtaining due consent of accused persons for search, raiding party searched tempo trax in which two gunny bags were found below the seat. On enquiry, the appellants informed that the gunny bags contained opium formula for mixing in opium which they have brought from the house of Sabir Khan s/o Sikkandar Khan and it was being transported to the house of Makhmad Khan where it will be mixed with the opium and its quantity will be increased. The bags were opened and in each bag 5 polythene bags were found; weight of first gunny bag was 25 kg. 120 gms. and weight of other was 25 kg. 420 gms. In this way in both the gunny bags 50 kg. 540 gms. opium formula was recovered. From each polythene bag 2 samples of 24 -24 gms. were prepared and were sealed and remaining two gunny bags were also sealed on the spot. Statement of witnesses were recorded. Appellants were arrested. The relevant Panchnama was prepared before independent witnesses.

(3.) THEREAFTER preventive party returned to the office and a detailed report was submitted to the Superintendent, Preventive Cell, Mandsaur and seized property was handed over to be deposited in the Malkhana. From the statement of the accused persons it was found that the above seized opium formula was brought from the house of Sabir. Hence raiding party reached to the house of Sabir but he was absconding from his house, Rs.2,89,900/ - were recovered which were sealed on the spot and deposited in Malkhana. On further investigation it was found that Ajij s/o Alam Khan is also involved in this profession. On 5.12.96 on interrogation he admitted that he was also involved in conspiracy and abetment of this business. Hence he was also arrested. Seized samples were sent to FSL. From report of FSL it was found that samples contained opium. Hence after completion of investigation, challan was filed. After trial appellants have been convicted and sentenced as mentioned above.