STATE OF MADHYA PRADESH Vs. KANHAIYALAL AND ANOTHER

JUDGEMENT

(1.) THIS application seeking leave to file an appeal under Section 378(3) Cr.P.C. has been filed by the State of Madhya Pradesh against the impugned judgment passed by the Special Judge, (Narcotic Drugs and Psychotropic Substances) district Shajapur, M.P. in S.T. No. 1/11 dated November 11, 2011, whereby the Special Judge has been pleased to acquit the respondents of the charges framed against them under Section 8(c)(d) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act'). It is the case of the prosecution that on receipt of secret information, entry was made in Roznamcha regarding possession of illegal opium by the two accused persons. Thereafter, accused Kanhaiyalal was apprehended and from his possession 8.150 Kgs of opium were found, who was carrying the same without any licence. On his disclosure under Section 27 of the Evidence Act, the other co -accused namely Ramlal was also arrested. At the time of conducting the raid, apprehending Kanhaiylal, his search was taken after following the provisions of Section 50 of the Act. The seized articles were then taken into possession by preparing Panchnamas. Two samples were also drawn which were also taken into possession vide separate panchnama. Those articles were then sent to the concerned police station. Statement of witnesses were recorded.

(2.) AFTER completing the investigation, challan was filed against both the accused persons against whom charges were framed. In so far as accused Kanhaiyalal is concerned, charges were framed under Section 8(c) and (d) of the Act, whereas against accused Ramlal charges were framed under Section 8(c) read with Section 29 of the Act. In support of their case, prosecution examined Shri R.L. Bhawar PW -21, Assistant Sub Inspector, who deposed as per the case of prosecution. Another witness Shiv Prakash Sharma was examined as PW -24, who supported the version of PW -21. Other witnesses were also examined. In the statement under Section 313 Cr.P.C. accused Kanhaiyal denied his association with Ramlal in having purchased opium from him. Accused Ramlal denied his involvement in the crime and took a defence that he had been falsely implicated. The two public witnesses Santosh and Naryansingh while admitting their signatures on the panchnama regarding seizure of opium and samples drawn from denied the contents thereof. They were declared hostile.

(3.) THE trial Judge also found that there was also violation of Section 55 of the Act in as much as the samples were not re -sealed with the seal of the person, who took care of them, before depositing the same in the concerned police station. Section 55 of the Act reads as under: