RAJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) assails the judgment dated 21.06.2019 passed by Special Judge, Narcotic Drugs and Psychotropic Substances, Jabalpur in Sessions Trial No.15/2017 whereby the appellant is convicted for committing the offence punishable under Section 8/21 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and directed to undergo sentence of RI for 3 years with fine of Rs.25,000/- and default stipulation in the event of non-payment of fine.

(2.) Briefly stated, the story of prosecution is that on 20.01.2017, the police received an information that the appellant is standing near Pan Bazar Gurandi, Jabalpur and is carrying objectionable substance namely "smack". After recording the information in the "rojnamcha", the Constable Bhupendra along with two independent witnesses reached the spot where the appellant was standing. The appellant was informed that an information is received regarding possession of "smack" by him and, therefore, he has an option either to get himself searched by the Gazetted Officer or Magistrate or he may permit the Police Authority to undertake the exercise of search. As per prosecution story, Sub-Inspector Rajendra Prasad Ahirwar (PW-4) got himself checked in the presence of two witnesses and no objectionable substance was found in his possession. Thereafter, he searched the appellant and found 51 gm. of objectionable substance from the appellant. Panchnamas Ex.P/4 and Ex.P/5 were prepared at the spot.

(3.) As per the prosecution case, a conjoint reading of these exhibits makes it clear that the requirements of Section 50 of NDPS Act were satisfied. The objectionable substance so seized was sent for examination to RFSL, Bhopal. As per the examination report, the substance was found to be diacety lmorphine (heroin). The appellant who was arrested was tried by the Court below. The appellant abjured the guilt. After recording the evidence of the parties, the Court below opined that the procedural formalities as per NDPS Act were fulfilled by the prosecution. The Court below opined that the prosecution has succeeded to prove its case beyond reasonable doubt and accordingly convicted and sentenced the appellant as mentioned above. Argument of Appellant