MOHHOMAD IKHTYAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Code of Criminal Procedure, 1973 has been preferred by the appellant against the impugned judgment of conviction and order of sentence dtd. 2/11/2022 passed by Special Judge, N.D.P.S., Panna (M.P.) in SC NDPS No. 5 of 2017 (State of M.P. v. Mohd. ikhtyar Baksh), whereby learned Special Judge has convicted the appellant/accused for commission of offence under Sec. 8(c) read with Sec. 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short hereinafter referred to as 'the Act') as appellant was found in possession of 1 kg. contraband (Ganja). He has been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.5,000.00. In default of payment of fine, he shall further undergo rigorous imprisonment for three months.

(2.) The case of the prosecution, in brief, is that as per the complaint/F.I.R. and documents filed therewith, on 30/9/2016, Sourabh Batham (P.W.-8), S.H.O. Devendra Nagar, District Panna (M.P.) received a secret information that a person riding on a motor-cycle on its number plate word 'Nigahe Karam' is written and it is bearing registration number MP-35-MD-8695 is transporting 1 kg. Ganja (cannabis) in a white colour polythene for illegal sale. Sourabh Batham (P.W.-8) recorded the said information in general diary No.24. He sent the information to his superior officer through mobile phone. Witnesses Bharti Sharan Shukla (P.W.-4) and Ravendra Singh (P.W.-7) were summoned through constable Dhirendra Singh (P.W.-2). Witnesses were made understand the information received form the informer. Thereafter, Sourabh Batham (P.W.-8) alongwith investigation kit and A.S.I. Sandeep Bhartiya (P.W.-5), A.S.I. Surendra Singh Parihar (P.W.-10), other police force and witnesses traveling through official vehicle bearing registration No. MP-03-A-2422 reached near Motva Tiraha Warehouse. At around 11:15 pm., as per the informer's information, one person riding on a motor-cycle came, his motor- cycle was intercepted. He was made understand with the information which was received from informer. He was served a notice under Sec. 50 of the Act and was made to understand his legal right to be searched before a Magistrate or a Gazetted Officer; however, he refused to exercise the said right and stated that Sourabh Batham (P.W.-8) can conduct the search. Panchnama of consent was prepared.

(3.) Before search, police force and witnesses gave their search to the accused. Panchnama was prepared. In search of the motor-cycle, one white colour polythene was found hanging in the handle of the motorcycle. 'Sundrani Boot House, Purani Galla Mandi ke paas Nagod' was found printed on the white colour polythene and in it one wrapped packet containing contraband (Ganja) was found; panchnama was prepared. It was weighed on the electronic weighing machine, it was found one kg. Ganja worth Rs.6,000.00. Two samples of 25-25 gms. each were drawn from the recovered packet and weighing panchnama was prepared. Samples were sealed in separate envelop and contraband was seized in a separate envelop. Seizure memo of the contraband, samples and motor-cycle bearing registration number MP-35-MD-8695 were prepared. Accused was arrested and information of his arrest was given to his family members.