MOHANLAL Vs. STATE OF M. P.

JUDGEMENT

(1.) The appellant has filed the present appeal under Section 374 of Cr.P.C. against the judgment dated 08.01.2019 passed by Special Judge, Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred as " NDPS Act "), Ratlam whereby he has been convicted for the offence punishable under Section 8 read with Section 20 (b) (i) (b) of N.D.P.S. Act and sentenced to undergo 3 year R.I. with a fine of Rs.25,000/- with default stipulation.

(2.) As per prosecution story, near about 12:30 am between 8-9 June 2010 Radheshyam Parmar, Assistant Sub Inspector Police Chowki Salakhedi, Police Station- Bilpank, District Ratlam received secrete information on the telephone that one person is standing near Kashyap Petrol Pump, in front of Krsihi Upaj Mandi, Indore Neemuch Road with Ganja in his bag. The said information was recorded in Rojnamcha No.177 (Ex.P/4). Constable Naveen was sent to bring Panch witnesses and a weighing machine. He returned with the electronic weighing machine belonging to Rakesh Singh Rathore, two Panch witnesses viz Asfaq and Prakash white cloth seal, Chapra and stitching thread etc.. They were informed about the secret information. Since the search warrant could not be obtained, due to the urgency of the suspect being run away from the spot, therefore, Panchnama (Ex.P/5) was prepared and for compliance with Section 42(1)(2) of N.D.P.S. Act a report in a sealed cover was sent to DSC, Ratlam through Constable Rajendra Sharma. A team comprising Head Constable Rauf Khan, Head Constable Bheem Singh, Constable Dinesh Bhadoriya, Constable Dinesh Jat, Constable Nageshwar along with panch witnesses Asfaq and Prakash with weighing machine, Chapdi, Matchbox, Seal, Inkpad, white cloth, stitching material, adhesive, rifle left the police station in a government vehicle bearing registration No. MP-03- 8594.

(3.) The learned Special Judge has framed the charges against the appellant under Section 8 read with 20 (b) (ii) (b) of N.D.P.S. Act. The appellant denied the charges and pleaded for trial.