SHANTIDAS Vs. STATE OF MP

JUDGEMENT

(1.) By this criminal appeal filed under section 374 of the Cr.P.C., the appellant Shantidas has challenged the judgment of conviction dated 10/8/2006 passed by the learned Special Judge (N.D.P.S. Act), District Ratlam in Special Case No.35/2000 convicting the appellant for offence under Sections 8/21(c) of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for ten years with fine of Rs.1,00,000/-, in default of payment of fine to suffer additional simple imprisonment for one year.

(2.) Brief facts of the case, as alleged by the prosecution, are that on the date of the incident dated 3/9/2000, the Station-in-charge, Shri B.S. Malviya of police station, Industrial Area Jaora received information from the informant at 10 a.m. that in village Richavara that a person named Shantiram, who was known to be a smuggler was going to transport heroin illegally.

(3.) On receiving the information two panch witnesses were summoned by the Inspector Dinesh Nagar to Anwar and Sunil Bhati, they were informed regarding the raid and under Section 42 of the N.D.P.S. Act, the report was duly prepared and sent to the higher officer, S.D.O.P, Jaora. Thereafter Shri B.L. Solanki, Dy. Inspector, Shri Mahavir Prasad Mishra, Head Constable and Shri Om Prakash, Inspector and two panch witnesses along with the measurement scale and other investigation material reached the Bhaisana crossing and sieged the track at 2 p.m. stopped the person coming from Mundlaram Bhaisana crossing and upon enquiry, he has stated that his name was Shantiram s/o Tulsidas Bairagi r/o village Richavara and of police station Pratapgarh (Rajasthan).