LAWS(MPH)-2012-11-26

MOHAN SINGH Vs. STATE OF MADHYA PRADESH

Decided On November 06, 2012
MOHAN SINGH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 4/5/2007 passed by the Special Judge under Narcotic Drugs and Psychotropic Substances Act, Hoshangabad in Special Case No.2/2006 whereby the appellant was convicted for commission of offence punishable under Sections 8/20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") and sentenced for ten years' rigorous imprisonment with fine of Rs.1,00,000.00. In default of payment of fine, one year's rigorous imprisonment was also directed.

(2.) THE prosecution's case, in short, is that on 27.1.2006 at about 10:40 AM in the morning Shri Shankar Lal Soniya (PW-11), SHO Police Station Kesla had received an information that some Ganja was transported in the vehicle Tata Sumo bearing registration No.MH30B-7191 coming from the side of Betul. Shri Shankar Lal Soniya prepared a memo Ex.P-24 of that information and also the information was recorded in the Rojnamcha. Thereafter the witnesses were called. The intimation was given to the SDO (P) Itarsi. Since it was an urgent matter, therefore search warrant could not be obtained by Shri Shankar Lal Soniya. Shri Shankar Lal Soniya along with witnesses Balmukund (PW-1) and Rajesh Gaur (PW-2) went on the road and the vehicle in question was stopped. The appellant was driving the vehicle. He was given the intimation that he could be searched either by the Magistrate or the Gazetted Officer. Thereafter with the consent of the appellant, his search was taken by Shri Shankar Lal Soniya himself. A memo Ex.P-3 was prepared and thereafter the vehicle was searched. In that vehicle two gunny bags were found, which were filled with Ganja. The weight of Ganja in two bags was 31 kg and 29 kg respectively. In all 60 kg Ganja was found with the appellant. Two samples of 50 grams Ganja were taken from those bags. The samples as well as the entire Ganja were sealed properly. The various memos were prepared about the procedure adopted by Shri Shankar Lal Soniya (PW-11). The appellant was arrested. The Ganja and the samples were deposited in the Malkhana of Police Station Kesla on the same very day. Thereafter two samples were sent to the Forensic Science Laboratory by a letter dated 29.1.2006 Ex.P-18 written by the Superintendent of Police, Hoshangabad. The Ganja was received in the Forensic Science Laboratory on 31.1.2006. The FSL by its letter Ex.P-29 opined that in both the samples Ganja was present. After due investigation, a charge sheet was filed before the Special Judge, NDPS Act, Hoshangabad.

(3.) THE learned Special Judge after considering the evidence adduced by the parties convicted the appellant for commission of offence punishable under Section 8/20(b)(ii) (C) of the NDPS Act and sentenced him as mentioned above.