MAHESH CHANDRA NAGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Mahesh Chandra Nagar 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') and sentenced to rigorous imprisonment for ten years and to a fine of Rs. 1,00,000/-.

(2.) After hearing the learned counsel for both the sides and after scanning the evidence on record, this Court is of the opinion that the conviction of the appellant for the aforesaid offence is well merited. C. D. Tiwari (P.W. 5) has deposed that on 4-3-2000 he was Station Officer of Ashta Police Station and on that date he received information at 8.15 p.m. that there is a person at Pagaria Ghati in possession of Charas. He recorded this information in Rojnamcha Sanha No. 224 (Ext. P-14) and in the Panchnama (Ext. P-1). He transmitted this information to S. D. O. (Police) as per Ex. P-2. Thus the provision in S. 42(1) and (2) of the Act has been fully complied with. As a matter of fact S. 42 of the Act was not attracted as it was not a case of search of a 'building, conveyance or enclosed place.'

(3.) C. D.Tiwari (P.W. 5) has further deposed that he proceeded to Pagaria Ghati with his staff and two witnesses Inder Singh (P.W. 7) and Athar Khan (P.W. 4). He found accused Mahesh Chandra Nagar there. He apprised him of his right to be searched in the presence of a Magistrate or a Gazetted Officer as provided in S. 50 of the Act. He prepared a Panchanam for that purpose and that is Ex. P-12. The accused opted to be searched by him. That is recorded in the Panchanama Ex. P-12. On search of the left hand pocket of the trouser of the accused Charas was recovered. The weight of this Charas was 80 grams. He prepared two samples of 25 grams each and sealed them. The seizure memo is Ex. P-9. He sent the samples to the Government Opium and Alkaloid Works, Neemuch on 9-3-2000. The report of the Assistant Chemical Examiner is Ex. P-28. It shows that the commodity was found to be Charas. According to this report the seals on the samples were found to be intact.