RAKESH KUMAR RAGHUVANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this appeal filed under Section 374 of Cr.P.C. accused/appellant Rakesh is aggrieved by the judgment dated 20/11/1997 passed by the Special Judge (N.D.P.S.), Ujjain in Special Case No.8/1997 convicting the accused for offence under Section 8 read with 15 of the N.D.P.S. Act and sentencing him to undergo 10 years R.I. with fine of Rs.1,00,000/. In case of default of the payment of the fine, he was to undergo an additional sentence of two years imprisonment.

(2.) BRIEF facts of the prosecution case are that on receipt of an information, the police officer Sub Inspector Musharaf Beg on 29121996 intercepted the accused appellant Rakesh Kumar, who was travelling in a train Bhopal Rajkot Express bearing Train No. 1270. He was apprehended by the Police and in presence of Panch witnesses, three cartoons containing contraband articles, namely, poppy husk were recovered by the investigating officer from the accused appellant. It is alleged against the appellant that the appellant had in his possession total 50 kilograms of opium, which was sent for sampling test. Thereafter, the appellant was arrested and a crime was registered against him at police station G.R.P., Ujjain for the offences punishable under Section 8/15 of NDPS Act. Upon completion of the investigation, the accused was charged for offence under Sections 8/15 of the NDPS Act and duly committed to his trial.

(3.) THE present appeal has been filed on the ground that the witnesses of seizure memo by R.K. Sharma, P.W.7 and Thana Prabhari, G.R.P.F. Ujjain have not been supported by the independent witness p.w. 8 Ramesh and p.w.9 Prakash to prove the prosecution case. The maalkhana incharge C.M. Bharat Pandey has not been examined in Court and hence, it is not proved that the seals on the samples matched with the contraband kept in the maalkhana. Moreover Shri R.K. Sharma has also not been deposed whether the contraband was properly sent to the F.S.L. The evidence of p.w. 3, R. Ramchandra and the testimony of Shri R.K. Sharma is at variance since both have stated differently about the samples sent for the F.S.L. Counsel submitted that it was not proved that the samples were seized in accordance with the procedure. p.w. 11 Shri Mushraf Beg, Investigating Officer has stated that the samples were put in a box and sent to the F.S.L. However, there is no evidence on record to indicate that the articles contraband were produced before the Court in the same state. Counsel for the appellant has also vehemently urged that p.w. 11 Shri M.Beg has indicated that there was difference in the seals that was sent to the F.S.L. and seals produced in the Court only state that there was G.R.P. Ujjain written on the samples. The signature of the Thana Prabhari does not find place on the samples and similarly there is no noting about the fact that as to when the samples were returned along with the F.S.L. report from Sagar. Similarly the state of the sample is not properly indicated in the F.S.L. report. Counsel submitted that thus there is a strong doubt of tampering with the samples.