MEHGA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) In this appeal, appellants-accused Nos. 1 and 2 challenge their conviction under section 8 read with section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and sentence of rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- (Rs. One Lac Only), in default to suffer further rigorous imprisonment for one year recorded by the learned Special Sessions Judge in N.D.P.S. Special Case No. 11/2007 by a judgment and order dated 3rd October 2008.

(2.) The relevant facts giving rise to the appeal are as under:

(3.) It is argued by the learned counsel that independent witnesses who participated in the proceedings of seizure turned hostile and did not support the prosecution version. Even the witness who weighted the contraband material on the spot also did not support the prosecution case. Apart from it, there are material contradictions in statements of L.S. Baghel (PW-6) ASI, of Police Station Gwalior who conducted the entire seizure and arrest of the accused on the spot and Head Constable Vinod Sharma (PW-3), hence, their statements do not inspire confidence. Further submission of the learned counsel for the appellants is that no procedure as laid down in sections 42, 50, 51, 52, 55 and 57 of the Act was followed by the Investigating Officer in this case and, therefore, it would be risky to rely upon the uncorroborated testimony of two police officials, namely, L.S. Baghel (PW-6), Assistant Sub Inspector and Vinod Sharma (PW-3), Head Constable and heavily sentence the present appellants. In the light of the aforesaid submissions, it is prayed that by allowing the appeal, the conviction and sentence as awarded by the trial Judge may be set aside and the appellants may be acquitted of the charges. In support of the submissions aforesaid, learned counsel placed reliance on the following decisions:-