LAWS(MPH)-2010-9-94

HUJUL AKBAR Vs. STATE OF M P

Decided On September 15, 2010
HUJUL AKBAR Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This appeal has been preferred by the Appellants being aggrieved by the judgment dated 01.09.2008 passed by the Court of Shri P.S. Patidar, Special Judge (N.D.P.S. Act), Ratlam, Distt. Ratlam in Special S.T. No. 22/2002 by which the Appellants Hujul Akbar and Yusuf have been convicted under Section 8/21(c) of the N.D.P.S. Act. and sentenced to rigorous imprisonment of ten years with fine of Rs. 1,00,000/- to each and in default of payment of fine to undergo further rigorous imprisonment of one year to each.

(2.) According to the prosecution story, Shri Sanjay Mane S.P. Distt. Ratlam received an information on 13.04.2002 on telephone that Truck No. TN60/Z/2840 on which "Jaylaxmi" word is written in English is coming from the side of Mandsaur along with Heroin. It is due to be delivered to smuggler Mohd. Riyal and Nandsen at Indore, hence he prepared a panchanama about information of the informer in presence of Constable Yogesh Pandey and Sainik Ajay Sharma. They were apprised with the information of the informer and a copy of this panchanama was sent to Station Incharge of Police Station Station Road, ratlam. Thereafter Sanjay Mane also sent the report to I.G.,Ujjain. Shri K.K. Upadhyay, Incharge of the Police Station Station Road, Ratlam on receipt of information from the S.P. sent the panchanama Ex.P/1 to C.S.P.,Ratlam for information and he also sent the copy of the information sent by S.P. to I.G. through Constable Ismail. Thereafter Shri K.K. Upadhyay (PW-28) along with force reached the spot near Salakhedi Police Chowki on Mhow Neemuch Highway Road. On arrival of the Truck No. TN60/Z/2840, it was intercepted. In this Truck, driver Yusuf, Liyaqat and Hujul Akbar resident of Tutikoran(Tamil Nadu) were found. They were apprised with the information of the informer and notice under Section 50 of the N.D.P.S. Act was served on them and after obtaining their consent for search the Truck was searched. In the Truck a secret cavity was found behind the seat of the driver. It was containing three chambers in which 6 polythene bags of Heroin were found. Each bag was containing 3Kg. Heroin. In all 18Kg. Heroin was found. The polythene bag was marked as Article A to Article F. Two samples each of 5gm. was prepared from each polythene bag. All the 12 samples were marked as Article Al A2 to F1 F2. The property was sealed and seized on the spot. Other panchanamas were prepared and the Appellants were arrested. During investigation it was found that accused Mohd. Shakir was in the Indore Jail. He has conspired in this respect. He was brought to court by Constable Sohanlal, Kailash and Rakesh. The guard of the jail Saiyad Israr AH was also indulged in conspiracy with accused persons. He used to provide the mobile and allowed the accused Appellants to talk on mobile set with other accused persons and the other guards of the jail Constable Sohanlal, Kailash and Rakesh were also found involved in this conspiracy. Hence, challan against all these persons was filed. Accused Liyaqat was declared absconding from 05.04.2003. The samples Article Al to F1 were sent to FSL, Indore by the report of which the presence of Heroin was confirmed. Hence after completion of the investigation the challan was filed against the Appellants and other accused persons.

(3.) After trial the Appellants Hujul Akbar and Yusuf have been convicted under Section 8/21(c) of the N.D.P.S. Act and the other accused persons were acquitted. Hence, this appeal.