MUKEEM ALIAS IMRAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 21.6.2007 passed by the Special Judge under the NDPS Act, Sehore in Special Case No.81 of 2006 whereby the appellant was convicted for the offence punishable under Section 8/21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter it will be mentioned as "NDPS Act") and sentenced for five years rigorous imprisonment with fine of Rs.10,000/-, in default of payment of fine, he was to undergo additional rigorous imprisonment for six months.

(2.) PROSECUTION's case in short is that on 15.6.2006, SHO Kotwali, Sehore had received an information that the appellant was keeping heroin and was intending to sell it. Sub Inspector J.U. Siddiqui (PW13) had prepared a memo of intimation and informed to his higher authorities including SDOP, Sehore. Since there was no possibility to get search warrant due to non- availability of the time, he prepared a memo about that reason and proceeded to the house of the appellant Mukeem. He took independent witnesses viz. Karan Singh (PW15) and Gulab Singh along with the police force. The appellant was present in his house. He was given the intimation of the information received by Sub Inspector J. U. Siddique and he was given an opportunity so that he could get his search by either a Magistrate or a Gazetted Officer. The appellant gave his consent to get his search by S.I, J.U Siddiqui and a memo was prepared. Before taking the physical search of the appellant entire Police Officers and officials gave their search. In the right pocket of the full pant of the appellant one folded newspaper was found in which 8 gms of heroin was found. It was physically tested and weighed by an electronic balance. Thereafter, it was properly seized and sealed. Before sealing of the entire material, two samples each of two grams were taken from the substance and all the packets were sealed properly. After returning to the Police Station a case was registered and the property was deposited in the Malkhana of the Police Station. Thereafter, it was dispatched to the Forensic Science Laboratory and in the report of the Forensic Science heroin. Laboratory found that the seized substance was Consequently, after due investigation a charge sheet was filed before the Special Court.

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