NITISH KUMAR TINGU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment dated 28.10.199 1 delivered by the Sessions Judge, Bilaspur, in Special Criminal Case No. 87/91 holding the accused/appellant guilty for committing the offence punishable u/s 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act in short) and sentencing him to undergo R.I. for 10 years and to pay a fine of Rs. lakh or in default to further undergo R.I. for 6 months.

(2.) Prosecution case is that on 10.5.199 1 a about 8.00 p.m., Sub Inspector Shri D.P. Thakur and ASI Shri Pandey informed the Station House Officer Shri Y.P. Yadav (P.W. 3) that the accused was roaming near Bukhari Petrol Pump Bilaspur for selling brown sugar. On receipt of the said information, Shri. Y.P. Yadav (P.W. 3) called Ajay Masih (P.W. 2) and Ravi Shankar Shukla (P.W. 1), and all of them, proceeded towards Bukhari Petrol Pump, Bilaspur. They found the accused/appellant Nitish Kumar Jam alias Tingu standing near a scooter near the cross road which is situated near Bukhari Petrol Pump. Shri Y.P. Yadav (P.W. 3) took personal search of the accused/appellant in presence of the said witnesses Shri R.S. Shukla (P.W. 1) and Shri Ajay Masih (P.W.2):

(3.) On the said search being made. One match box was found kept in the pocket of fullpant of the accused. On opening the said match box, three small packets containing 1 gram of brown sugar each was found kept in the said match box. Three rolled paper for smoking brown sugar, which were stained with it, two coins of 50 paise stained with brown sugar and Rs. 56.50 paise were also found in the said match box which was recovered from the concealed pocket of the fullpant which the accused was wearing at that time. The said articles were seized from the accused as per seizure memo (Ex. P. 1). The scooter which the accused was having was also seized as per seizure memo (Ex. P. 2). Thereafter, Shri Y.P. Yadav (P.W. 3) returned to the police station along with accused where Shri. Y.P. Yadav recorded the first information report (Ex. P. 5).