RAISINGH TANWAR Vs. STATE OF M P

JUDGEMENT

(1.) Since both the appeals are related with the common judgment dated 28.7.2011, therefore, they are hereby decided by this common judgment.

(2.) The appellants are convicted for the offence punishable under section 8/21 (b) of Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter it will be referred to as 'NDPS Act') vide judgment dated 28.7.2011 in special case No.8/2010, whereby the appellant Raisingh was sentenced with 4 years rigorous imprisonment with fine of Rs.25,000/-. In default of payment of fine, he was to undergo for 6 months rigorous imprisonment, whereas the appellant Kailash was sentenced with 18 months rigorous imprisonment with fine of Rs.5,000/-. In default of payment of fine, 3 months additional rigorous imprisonment was directed. Being aggrieved with the conviction and sentence, the appellants have preferred the present appeal.

(3.) The prosecution's case, in short, is that, on 29.4.2010, an information was received to Sub Inspector Sanjay Dubey, who was posted in Central Squad, Narsinghpur that the accused persons were coming with brown sugar on a motorcycle for selling it. Therefore, 2 witnesses Tejbal and Suraj were summoned by Shri Sanjay Dubey and a memo, Ex.P/2 was prepared. Entry was made in Rojnamchasana of Outpost Stelash, District Narsinghpur. A report was sent to SDOP, Narsinghpur through constable Ranjeet. Thereafter, Sanjay Dubey alongwith the force and witnesses went to the spot and the appellants were surrounded. The appellants Raisingh, Kailash and one Sunil @ Nanhe Bhai were found at the spot. They were given information that they could get their search by a gazetted officer or by a Magistrate. They gave their option that search may be done by Shri Sanjay Dubey. Ultimately, search took place. Various memos were prepared and it was found that the appellant Raisingh had 115 gms of brown sugar, whereas the appellant Kailash had 20 gms of brown sugar. Two samples, each of 5 gms were taken from the seized brown sugar and sent to the Forensic Science Laboratory and a report has been received that the seized article was brown sugar. A charge-sheet was filed before the trial Court.