ANAND KUMAR DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment and order of sentence dated 1/3/2008 passed by the Special Judge, Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "Act"), Satna in Special Case No.17/2006, whereby the appellant was convicted for commission of offence punishable under Section 20(b)(ii)(b) of the Act and sentenced for two years' rigorous imprisonment with fine of Rs.25,000/- and in default of payment of fine amount, an additional rigorous imprisonment for six months.

(2.) PROSECUTION case, in short, is that Shri Udaybhan Sharma, ASI (PW-10) was posted at Police Station Amarpatan on 21.12.2005. At about 3:00 PM he received an intimation from the informer that the appellant by his Scorpio vehicle bearing registration No.MP19H-1975 transporting some contraband substance towards Satna. He immediately recorded the memo of information. Looking to the urgency, he could not take search warrant, and therefore he prepared a memo and intimation was sent to the SDO(P) concerned. Thereafter he left the Police Station along with Head Constable Dhruv Singh (PW-5), Constable Ramakant Pyasi (PW-6), Home Guard Bhaiyyalal (PW-7) and other police force. He took the witnesses Bhagwan Prasad Pathak (PW-1) and Lotan (PW-2) in the midway. The witnesses were also informed about the information. Near the Sardar Petrol Pump they found that the Scorpio vehicle stationed near by the road and after looking to the police party the appellant ran away from the spot. In search of the vehicle, 4.200 kg Ganja (cannabis) was found in a plastic bag below the front seat of the vehicle. The material was shown to the witnesses and seized material was weighed by a weighing scale (taraju). Thereafter two samples of 25 gram each were taken from the entire material and the material as well as the samples were sealed. Various memos were prepared about the incident. Thereafter the vehicle in question was towed to the Police Station by another vehicle. ASI Udaybhan Sharma deposited the entire substance and sealed material in the Malkhana of the Police Station and sent a detailed report to SDO(P) concerned. On the next day, Constable Sarman Das Tiwari (PW-3) took the contraband substance from the Malkhana and deposited the same before the Forensic Science Laboratory, Sagar on 26.12.2005. The Forensic Science Laboratory, Sagar gave its report that the seals were found intact and on examination of the same, it was found that the sample was of Ganja (cannabis). Registration particulars of the vehicle in question were obtained from ARTO Satna. After due investigation, a charge sheet was filed before the Special Judge of the Act, Satna.

(3.) I have heard the learned counsel for the parties at length.