MANOJ KUMAR SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Manoj Kumar stands convicted under Section 8/20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "act") and sentenced to R. I. for four years and fine of rs. 10,000/-, in default to further undergo R. I. for one year vide impugned judgment dated 14-7-2002 passed by the Special Judge, Rev/a in Special Case No. 3/2001.

(2.) THE facts of the case lie within a narrow compass. On 27-1-2001 p. D. Urmuliya, S. H. O. , Police Station Churhata, District Rewa, received an information that appellant is transporting Ganja in Tempo No. MP17-T/0511. Inspector Urmuliya called panch witnesses namely Jai Singh and Mahesh and informed them regarding the information received by him. A report to that effect was recorded in Rojnamcha Sanha No. 947. He also prepared a panchnama and sent the information to his immediate superior. In the process of obtaining search warrant there was likelihood of appellant's abscontion and concealment of Ganja, hence with the available police force and the panch witnesses Inspector Urmuliya proceeded towards National Highway No. 7, without obtaining search warrant. When he reached near Village Khairi, he saw the aforesaid tempo going towards Dheka. A sack was lying on the back side of the tempo. He asked the appellant who was driving the tempo to stop the vehicle but he fled away with the vehicle. He followed the tempo upto village Maidanee, where appellant stopped the tempo. On being asked appellant informed that he is carrying one sack Ganja to Dwari.

(3.) INSPECTOR Urmuliya informed the appellant of his right to be searched before the Gazetted Officer or Magistrate. The appellant gave his consent for the search by Inspector Urmuliya. The appellant took out one sack of ganja and gave it to the Inspector who seized the same. Thereafter seized article was weighed. The total weight of the article was 30 kilogram. One kilogram of Ganja was separately seized for sample. The vehicle was also seized. Information of the arrest of the appellant was given to his brother nagesh Shukla. Appellant along with seized article and tempo was brought to the police station and crime was registered. Seized Ganja was handed over to malkhana in charge for its safe custody. A full report containing all particulars of arrest and a seizure was sent to senior officer. The aforesaid sample was sent to F. S. L. , Sagar, for analysis. According to the report of F. S. L. , Sagar, seized article was found to be Ganja.