BHAGIRATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/accused Bhagirath under Section 374 of Cr.P.C., 1973, against the judgment of conviction dated 14/12/1998, passed by learned Special Judge(N.D.P.S. Act), Ujjain in Special Case No.20/98 whereby the learned trial Court found the appellant guilty under Section 8/20 of the N.D.P.S. Act and sentenced him to undergo imprisonment for 2 years R.I. with fine of Rs.5,000/ - and in default of payment of fine, 3 months S.I.

(2.) ON 15/05/1998, Yakinuddin Farooqi (PW8) was posted as S.D.O. Police at Tarana. When he was sitting in Police Station at 10:10, one informant gave an oral intimation to the effect that appellant is doing business of Cannabis and if search is made, the said Narcotic Substance can be recovered from his house. The said information was recorded in Daily Diary No.586. Suleman (PW2) and Bhola @ Maqsood, Tarana were called and the said information was informed to them. Notice of secret information was prepared vide No.1397 dated 15/05/98 and by wireless intimated the same to the Senior Officers. Thereafter, Constable Shriram and Pradeepsingh, Panch witness Suleman (PW2) and Bhola @ Maqsood, after recording the said intimation at Daily Diary went to the place of occurrence in a Jeep bearing registration no.M.P.P. 3909. On reaching the place of occurrence, they found that appellant was in his house He was intimated about the said secret information. He was also informed that he had an option of being searched either in presence of Gazetted Officer or a Magistrate. The said option was given to him in compliance with the provision required under Section 50 of the NDPS Act and thereafter, search was made. During search, 2.750 Kilograms Cannabis was found in his house. Two samples of 100 -100 grams were collected in two plastic bags and each of the three articles were marked as A, B, C. After sealing them, memo was prepared. The appellant was arrested. He was brought to Police Station along with the contraband. F.I.R. was registered against him vide Crime No.136/98 under Section 8 read with Section 18 of the N.D.P.S. Act.

(3.) KALURAM (PW1), Suleman (PW2), Gulab (PW3), Darbar (PW4), Rajesh Sharma (PW5), Dansingh (PW6), Kishanlal (PW7) and Yakinuddin Farooqi (PW8) were examined as prosecution witnesses before the trial Court. Kaluram (PW1), witness of seizure turned hostile and has not supported the case of the prosecution.