MANGILAL Vs. STATE OF MP

JUDGEMENT

(1.) The appellant Mangilal, who has been convicted under section 8/18 (b) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as the Act, 1985) for having 3 (three) KG illegal opium in his possession, has made a limited prayer that his default sentence (awarded for failure in payment of fine) of two years imposed by the learned Special Judge (NDPS), Mandsaur vide judgement dated 05.02.2014 rendered in Spl.ST No. 11/2011 be reduced to 3 (Three) months, therefore, as proposed by the appellant, the appeal is heard finally.

(2.) Facts of the prosecution case, in brief, are that on 13.4.2011 at about 12:15 PM ASI V.S. Devuda of Police Station Sitamau received an information that Mangilal Teli of village Deepa Kheda along with Resham bai Prajapat is going to deliver and Kushal Singh Rajput is coming to receive delivery of some contraband. Mangilal is coming by his Yamaha motorcycle bearing registration number MP09B5920. Resham bai is sitting with him and Kushal Singh is coming by his Hero Honda motorcycle bearing registration number MP43MF9634. They will meet at village Laduna. The information was entered in Rojnamcha Sanha. The immediate superior was intimated. Panch witnesses were called. Due to paucity of time, without obtaining search warrant, the police party proceeded towards the spot. After waiting for some time, the police team noticed a man with a woman sitting on his motorcycle coming from village Laduna side and another person coming from Sitamau side. They both were surrounded by the police. They were intimated about the information received by the police and were apprised about their right of search before the nearest magistrate or gazetted officer. They consented to be searched by ASI Devuda. After giving them search of police personals and of the panch witnesses, their search was conducted, but nothing illegal was recovered. Also no illicit article was recovered from their motorcycles. Mangilal was carrying a bag in his hand. On search of this bag, 3 KG illegal opium was recovered. A pouch made with clothe having smell of opium was recovered from Resham bai. The substance recovered from the appellant was smelled and found that it was opium. No contraband was recovered from Kushal Singh. Following the due process of law, two samples of 30 gram each were taken out. The samples as well as remaining contraband were sealed on the spot. All these proceedings were documented. The police team along with the accused persons, their motor cycles and the contraband recovered from them came back to the police station, handed over all the articles seized on the spot to the Head Constable Mahavir, who received and deposited them in Mallkhanna of the Police Station. Crime No. 115/2011 under Section 8 / 18(b) , 25 and 29 of the Act, 1985 was registered by deducing FIR.

(3.) The Investigation was handed over to the SHO K.K. Sharma, who visited the spot, prepared the spot map, sent the samples of contraband seized to the FSL for chemical analysis, recorded police statements of ASI VS Devuda, Head Constable (HC) Fateh Singh, HC Subhash Giri, HC Rajendra Singh, HC Antar Singh, HC woman Rakhi Centre, Sainik Charan Singh, Constable Mannavan, Constable Ram Niwas, Constable Rajesh Purohit, and independent witnesses Shankar Lal and Dilip Singh. FSL confirmed that the sample sent to it was opium. After completing investigation, the police filed charge sheet against total four accused persons namely Mangilal, Resham bai, Kushal Singh and Ganpat S/o Amar Singh Rajput.