JAWAHARLAL Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS Jawaharlal and Pokharlal, who are real brothers, are aggrieved by the judgment of conviction dated 24.1.1997, passed by the Additional Sessions Judge, Jaora, district Ratlam in Sessions Trial No. 101/ 95, whereby both of them have been convicted under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to 10 years' RI each with fine of Rs. 1,00,000.00 and in default of payment of fine to undergo further RI for 2 years each.

(2.) BRIEF facts of the case are that, on 22.3.1995, at about 10:30 in the morning, S.B. Singh Bais, SHO Police Station Piploda received a secre' information from his informer that at village Pancheva Jawaharlal son of Raghunath Anjana, resident of Pancheva had sown opium plants which are lying in his field. The said intimation was recorded at the police station vide Rojnamcha Sanha (daily diary) No. 1936. After sometime, at 11:00 a.m. he again received an information from the said informer that if immediate action is not taken, the said Jawaharlal may remove the plants from the field. This intimation was recorded vide Rajnamcha Sanha No. 1037. An intimation was also given to the SDO(P) Jaora, vide Rojnamcha Sanha No. 1038. Simultaneously, at 11:02 vide Rojnamcha Sanha No. 1039, the police party consisting of SHO S.B. Singh Bais, ASI Aniruddha Mishra, HC Umesh Kumar, HC Udaisingh, HC Bholanath Singh, Constables Ramesh Chandra, Ram Awatar Singh and Kalu Singh along with witnesses Ramkishan Teli and Champalal Bajaj left the police station in vehicle No.CPZ-8272 and reached at village Pancheva. Before entering the agriculture field of appellant No.1 Jawaharlal they apprised him that they have information that he is having opium plants which he was cultivating without any licence and he was also apprised that they intend to search his agriculture field and whether he wishes to be searched and about his right of search and narrated the necessary legal requirements as required under the Act. A Panchnama to this effect was prepared vide Ex.P-1 and, thereafter, he was apprised that he is having opium plants at his agriculture field and a Panchnama to this effect was prepared vide Ex.P-2. He gave his consent vide Ex.P-3. During search Panchnama Ex.P- 4, by which opium plant has been identified, has been prepared. During search, total 15 plants, out of which 10 plants with poppy capsules and 5 plants without poppy capsules. They were seized and Panchnama to this effect was prepared vide Ex.P-5.Two samples were taken out and seizure memo was prepared vide Ex.P-6 and the seized property was duly sealed on the spot and also prepared spot map vide Ex.P-28. Memo by which after completion of search and seizure they came out of the agriculture field was prepared Ex.P-7. Appellant No.1 Jawaharlal was arrested vide Ex.P-8 and intimation of his arrest was sent to his family members.

(3.) ON 12.12.1995 charge was framed against the appellants under section 8/18 of the Act. They abjured the guilt and pleaded for trial. They stated that they have been falsely implicated in the alleged offence. The prosecution examined 8 witnesses and after recording the statements of accused persons under section 313 CrPC, by the impugned judgment they have been convicted and sentenced as mentioned herein above.