VINOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 24.11.2007 passed by learned Special Judge under NDPS Act, Sehore in Special Case No.120/2006, whereby the appellants were convicted for offence punishable under sections 8/21 (b) of NDPS Act and each sentenced for 7 years rigorous imprisonment with fine of Rs.20,000/-. In default of payment of fine, the appellants have to undergo for one year's additional rigorous imprisonment.

(2.) PROSECUTION's case, in short, is that, on 20.10.2006 at about 7.30 p.m. in the evening, SHO Police Station Kotwali, District Sehore Shri Harish Sharma was informed that three persons of District Jhalawad (Rajasthan) have brought some brown sugar for sale and they were waiting at Bus stand Sehore. Shri Harish Sharma summoned two witnesses immediately and recorded the information in Rojnamcha and thereafter, information was given to S.D.O.P. Sehore but, no search warrant was received. Thereafter, Shri Harish Sharma went to the spot with police force. The appellants were given an opportunity to get their search before the Magistrate or any gazetted officer but, they preferred to get their search before S.H.O. Shri Harish Sharma. Thereafter, search was made. Memo of search was prepared. In search, 100 gms of brown sugar was found from the appellant Vinod and a similar quantity was found with the appellant Vijay. Two samples of 5 gms each were taken from the quantity seized from the appellants and entire material was sealed in a separate manner. Various memos were prepared according to the provisions of the Act and Rules. Thereafter, samples were sent to Forensic Science Laboratory. It was found that those samples were of brown sugar. After due investigation, a charge-sheet was filed before the Special Court.

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