RAJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against judgment and order dated 18.02.2017 delivered in Special Case No.22/2010 by Special Judge, N.D.P.S. Act, Jawara, Ratlam whereby the appellant has been convicted under Sections 8(c)/18(b) of N.D.P.S. Act, 1985 and has been awarded ten years rigorous imprisonment with fine of Rs.1,00,000/- in default further to undergo one year R.I., for having 2 kg 750 gm Opium in his illegal possession.

(2.) Prosecution case in brief is that on 24.05.2010 ASI R. C. Surawat (PW-19), who was posted at Police Station Kalukheda received a secret information that one Raju @ Rajendra Kumar S/o Kanhaiyalal, aged about 32 years, R/o Asawati, Police Station Ringnod is going to Rajasthan to deliver illegal opium tied with tummy by his black colour Yamaha motorcycle bearing registration No.MP-04-JD-7489. He will pass through Kalaliya fanta Chiklana Mawata and can be nabbed by prompt action. The information was entered in Roznamcha Sanha. Mukhbir Suchana Panchnama was prepared. Independent witnesses were called. Senior Officer was intimated. A police team comprising ASI R. C. Surawat, Constables Antarsingh and Mahendrasingh, independent panch witnesses Jagdish and Rameshwar was constituted and were proceeded by their own motorcycles towards the place pointed out by the informer alongwith necessary paraphernalia. On the spot, they hid themselves and their motorcycles behind the shrubs and waited for the suspect. After about an hour, they noticed the suspect coming on black colour motorcycle from village Lasudiyanathi Nai Abadi end. When he came close, the police pounced upon and stopped him. On interrogation, he revealed his name as Raju @ Rajendrakumar S/o Kanhaiyalal. ASI R.C. Surawat (PW-19) informed him about the information received and also about his right under Section 50 of N.D.P.S. Act. He consented in writing for his search by ASI Surawat. ASI Surawat searched him and his motorcycle after giving his own and his team members search. Nothing objectionable was recovered from the person but a strip of white towel wrapped around the belly having a poly bag with a mark "Jai Mata Di India Collection" in orange color containg two polly pouches having condensed substance alongwith Rs. 20/- cash and a black Nokia mobile from right pocket of trouser having idea SIM were recovered from his possession. On testing, the substance was found opium. Its weight was found 02 kg 750 gm. Two samples of 30 gm each were taken out and contraband as well as samples were sealed on the spot. The appellant alongwith the Contraband and motorcycle was brought to the police station. Crime No. 55/201o was registered. Samples were sent for FSL, who confirmed identity of the substance recovered that it was opium. Following the due process and after completing the other usual investigation, the police filed the charge-sheet.

(3.) During investigation, the police have prepared following documents:-