VIJAY JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 31.1.2009 passed by the Special Judge, NDPS Act, Narsinghpur in Special Case No.47/2006 whereby the appellant was convicted for offence punishable under Section 8/21 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (in short the "NDPS Act") and sentenced for 10 years rigorous imprisonment with fine of Rs.1 lac. In default of fine one years simple imprisonment was directed.

(2.) THE prosecution's story in short is that on 10.12.2006 an intimation was received at Police Station, Narsinghpur that appellant Vijay Jain, who was standing before a Liquor Shop near Khairi Nala at Narsinghpur was having a big load of smack. The appellant was resident of Mandsaur District. Sub Inspector Shafiq Khan (PW10) recorded the information in the Rojnamcha and also prepared a memo on information. He informed his higher authorities and since the appellant could disappear Shri Shafiq khan could not take any search warrant from the higher authorities. He went to the spot with the Police Force and two independent witnesses viz. Vivek (PW4) and Sheikh Ajju (PW3). A notice under Section 50 of the NDPS Act was given to the applicant for his search and with his consent search was taken by Sub Inspector Shafiq Khan. The applicant kept a polythene bag under his shirt in which smack powder was found. On its weighing, 1230 gms. of smack powder was available with the appellant. Various memos relating to weighing, sampling, sealing etc. was prepared and the appellant was arrested. A case was registered and the seized property was sent for forensic science analysis. A report Ex.P/23 was received from Forensic Science Laboratory that in the seized powder 14.83% diacetylmorphine (heroin) was found. A charge sheet was submitted before the Special Court NDPS Act ,Narsinghpur.

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