LAXMAN Vs. STATE OF MP

JUDGEMENT

(1.) Both these appeals have arisen out of the same judgement, therefore, this order shall govern disposal of both of them.

(2.) Both the appellants Karan Singh and Laxman have been convicted under section 8 / 20 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as the Act, 1985) for having 0.950 KG and 1.550 KG cannabis (Ganja) in their illegal possession and have been awarded 2-2 (two-two) years rigorous imprisonment with fine of Rs. 5-5000/- each and in default 1-1 months simple imprisonment by the Special Judge (NDPS), Dhar vide judgement dated 09.08.2000 rendered in Spl.ST No. 06/1998. They have challenged their conviction and sentence through their respective appeals.

(3.) Facts of the prosecution case, in brief, are that on 18.4.1998 at about 00:50 hours TI Rajendra Singh Tomar (PW-5) of Police Station Gandhwani, Distt. Dhar received secret information that some people of village Balloda will pass through Zorabad with some illegal Ganja. Memo of this information Ex.P/1 was prepared and the intimation was entered in Roznamch Sanha Ex.P/2. The SP, Dhar was apprised with the information and was requested to send some gazetted officer (Ex.P/4). DSP Sunil Kumar Tiwari (PW-7) was deputed by the SP, Dhar. Panch witnesses Ashok and Magan were called. A team comprising DSP Mr. Tiwari (PW-7), TI Mr. Tomar (PW-5), ASI Mehta, Constable Sohan Singh (PW-2), Head Constable Sitaram (PW-3) and Driver Sanjay proceeded towards the spot with all paraphernalia. They found the appellants at Zorabad Bus Stand. They were intimated about the information received by the police and were also apprised about their right of search before the nearest magistrate or gazetted officer. They consented to be searched by DSP Mr. Tiwari. After giving them search of police personals and of the panch witnesses, their search was conducted, but nothing illegal was recovered. When the bags, they were carrying, were searched, 950 and 1550 grams Ganja was recovered (Ex.P/5-9, 15). Following the due process of law, samples were taken out. The samples as well as the remaining contraband were sealed on the spot (Ex.P/19-20). All these proceedings were entered in Roznamcha Ex.P/2,3,4,24,25,31, 32,33). On interrogation, appellant Karan Singh revealed that he had purchased that Ganja from Nahar Singh of village Khoda (Ex.P/17). Acting on this information, DSP Mr. Tiwari searched the house of Nahar Singh and recovered and seized 500 grams Ganja from an almirah built in the wall (Ex.P/21). On interrogation, Nahar Singh disclosed that he had brought this Ganja from Shankar of village Raipuriya (Ex.P/18). DSP MR. Tiwari went to village Raipuriya and recovered and seized about 4.5 kg Ganja from the house of Shankar (Ex.P/22). The police team along with the accused persons 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 Moharir, who received and deposited them in Mallkhanna of the Police Station. Crime No. 95/1998 under Section 8/20 of the Act, 1985 was registered by deducing FIR.