JITENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant-Jitendra has been convicted under S. 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the 'Act') for being found in unlawful possession of one kilogram of 'charas' on 12-8-1999 and sentenced to rigorous imprisonment for ten years and to a fine of rupees one lac. His mother Smt. Sheela alias Chandravati has been convicted under S.20(b)(i) of the Act for being found in possession of one kilogram of Ganja on the same date in her house and she has been sentenced to rigorous imprisonment for three years and to a fine of Rs. 5,000/-.

(2.) After hearing the learned counsel for both the sides at length the evidence on record has been carefully scrutinised in light of the points raised by them. Rajendra Pathak (P.W. 7) was the Station Officer of Kotwali Police Station, Datia on 12-8-1999. He has deposed that on that date at about 5 p.m. he received information that a man is standing with his scooter near his house in Tigaliya and he is in possession of charas. He recorded this information in the Panchnama, Ex. P/3 and passed on this information to his immediate superior officer Angad Singh (P.W. 8) S.D.O. (Police) who was present at Kotwali. He proceeded to the spot with him and other members of the team. Mukesh (P.W. 3) and Sandip (P.W. 2) were panch witnesses with him. He found accused-Jitendra standing with his scooter which had no registration number. He informed him that the search of the dicky of his scooter is to be taken and he can give the search either to the police officers present there or to the Magistrate. The panchnama of that information is Ex. P/4. Accused-Jitendra gave in writing that he is willing for the search of his scooter by the police officers present there. All this was unnecessary as it is by now settled that S.50 of the Act is not attracted for searching the dicky of the scooter as that provision is applicable to the search of a 'person' only.

(3.) Rajendra Pathak (P.W. 7) has further deposed that he asked accused-Jitendra about the key of the lock of the dicky and then he took out the key from the pocket of his trouser and opened the dicky. It was found that there were five packets of 'charas' in a polythene bag and the currency notes of Rs. 20,000/- (twenty thousand only). The 'charas' weighed one kilogram. The 'charas' and the money were seized as per seizure memo, Ex. P/6. Two samples of 100 grams each were taken out from the 'charas' and they were sealed as per panchnama Ex.P/12. Thereafter, a lady constable was called and the house of Smt. Sheela mother of the accused-Jitendra was searched and one kg. of 'ganja' was recovered from the house. That was seized as per seizure memo Ex. P/9. Two samples of 200 gram each were taken and sealed as per panchnama Ex. P/13. Angad Singh (P.W. 8), S.D.O. (Police) was present there and he was given information as per Ex. P/16 of the search and seizure. He came back to police station and recorded the F.I.R. Ex. P/15. He delivered the seized packets to the Malkhana Moharrir for being kept in safe custody. He sent the sample packets in sealed condition to the Forensic Science Laboratory, Sagar for chemical examination. The report of the Assistant Chemical Examiner of this laboratory is Ex. P/17. According to this report the packets were received in the laboratory on 16-8-1999 duly sealed with specimen of the seal 'Kotwali, Datia.' According to this report the commodities seized were confirmed as 'charas' and 'ganja.'