BHOLA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 31.1.2007 passed by the Special Judge (N.D.P.S. Act), Bhopal in special case No.4/04, whereby the appellant was convicted for the offence punishable under Section 8-C/20-B(2-C) of N.D.P.S. Act and sentenced for one years R.I. with fine of Rs.1,00,000/- and an additional one year's S.I. in default of payment of fine.

(2.) PROSECUTION's case in short is that on 24.2.2004, A.S.I. K.S. Narvariya (PW-5) was present at Police Station, Aishbagh, Bhopal. He was informed by the informer that two persons travelled from the railway station to Pull Bogda and they were watching for someone. It was also informed that they had some contraband substance and both of them were resident of Kushinagar (U.P.). Shri Narvariya made the entry in Rojnamcha Ex.P/35. Thereafter, he informed S.H.O. Aishbagh but he was busy in some procession. S.H.O. Aishbagh directed Shri Narvariya to proceed with the case. Thereafter, Shri Narvariya called the witnesses Raju and Raes. C.S.P. Jahagirabad was informed by phone and entry was made in Rojnamcha. Thereafter, a memo was sent to C.S.P. Jahagirabad but C.S.P. was also busy and not available in his office and therefore, there was no possibility to get search warrant. Thereafter, Shri Narvariya went to the spot and enquired the names and address of those persons. Out of those two persons, one was the appellant Bhola Prasad and another was Manoj Jaiswal (Manoj Jaiswal absconded during the trial). The appellant was given an opportunity that he could get his search before any Magistrate or Gazetted Officer but he agreed that search may be taken by Shri Narvariya himself. In personal search of the appellant Bhola Prasad and accused Manoj Jaiswal, nothing objectionable article was found but when, a suitcase kept by the appellant Bhola Prasad was opened then, it was found that there were 30 slabs of Charas sticked with each other and were kept in a polythene. Similarly, 8 slabs of Charas sticked with each other, were found in a polythene from Manoj. Their physical tests were done to identify the substance and it was found that it was Charas. Narvariya weighed the Charas obtained He weighed the contraband substance seized from the appellant separately by a libra, which was brought by him from the Police Station and it was found that 3.2 kgs of Charas was with the appellant Bhola Prasad. Two samples, 50 gms. each were taken and sealed separately, where remaining material was sealed at the spot before the witnesses. Various memos were prepared for the entire procedure adopted by Shri Narvariya.

(3.) AFTER considering the prosecution's evidence, learned Special Judge convicted and sentenced the appellant as mentioned above.