STATE OF MADHYA PRADESH Vs. NATHU SINGH SODHIYA

JUDGEMENT

(1.) This criminal appeal is preferred under sec. 378 of Cr.P.C. by the appellant State being aggrieved by the judgement dtd. 28/1/1999 passed by Special Judge, NDPS Act, Ratlam in Special Case No.18/1998 whereby the respondent has been acquitted by the learned Trial Court from the offences punishable under Sec. 8/21 of the Narcotics Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as The NDPS Act).

(2.) The prosecution story in short is that on 2/2/1998 at about 12.30 PM, the SHO of police Station GRP, Ratlam has received an information that two persons are standing near the pillar of Main Gate of the Ratlam Railway Station in front of platform no.4 having black and white bags in their hands containing smack. Thereafter, on the information given by the informer, the police prepared a Panchnama vide Ex.P/4 and the SHO alongwith the team has reach on the spot, he had given a proposal and told the right of the accused to be searched in front of Gazetted Officer or Magistrate and prepared Ex.P/5 i.e. declaration of the accused. After taking consent of the accused vide Ex.P/6, the SHO Vinay Sharma has searched the accused in front of the witnesses and members of the team and prepared a panchnama of search vide Ex.P/7. During Search in front of the witnesses, the SHO has found a bag containing a plastic bag in which brown coloured powder was found. On being asked from the accused, the accused itself has told that the powder was smack. Thereafter, the police has prepared a panchnama for arrest vide Ex.P/8 and also prepared a Panchnama for weight and smell of the contraband vide Ex.P/9 and P/10 in which the contraband was found to be of 250grams. Vide Ex.P/11, seized the clothes of the accused, vide Ex.P/13, taken two samples of the contraband of five grams each and vide Ex.P/14 prepared arrest memo of the accused. Vide Ex.P/15 prepared the spot map, sent the appellant to the Police Station and vide Ex.P/20 exhibited the seized article/contraband in the Malkhana. The samples were thereafter sent for chemical examination which confirmed the substance as "Dy-acetyl Morphine" (Heroin). After investigation and following the due procedure, filed the charge-sheet against the accused under the aforesaid provisions of the Act.

(3.) The accused abjured his guilt and he took a plea that he is innocent.