SURENDRA SINGH AND CHINTU Vs. UNION OF INDIA

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence passed by Special Judge, Guna in Special Sessions Trial No. 2/99 dt. 21/7/2000, the appellants have knocked the door of this Court by preferring an appeal under Section 374(2) of Code of Criminal Procedure, 1973.

(2.) In brief, the case of prosecution is that on 30/4/1999 at 13.00 hours, Shri S.R. Pawar, Sub Inspector serving in the office of Narcotic Commissioner. Gwalior, received information from the informant that two persons namely Kalya and Chintu are carrying illegal business of opium at Dehari Dhaba (restaurant) at Ruthia-Guna road and if on 1/5/1999 in between 7.30 - 8.30 in the morning the raid is made, opium may be seized. On the basis of this information, the Sub Inspector recorded the relevant entry under Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the act) and forwarded the same to the higher officer.

(3.) On 1-5-1999, the party of Cen-tral Narcotic Bureau, Gwalior, reached at the spot at 8 in the morning. Two persons namely Ashok Kumar Pawar and Raj Kumar Rathore were found sitting at the Dhaba. They were informed that an infor-mation has been received that opium has been kept in the Dhaba and as such the Dhaba has to be searched. Thereafter, Sub Inspector Paliwal, on the basis of information received by a boy who was preparing the tea, entered in the room, which was located on the back side of the Dhaba. They found two persons running away from the room. These two persons were caught and they named themselves to be Surendra Singh and Chintu i.e. the appellants. Sub Inspector Paliwal gave notice to them under Section 50 of the Act and they were informed in regard to their sight to be searched either before Magistrate or Gazetted Officer. They were also informed that Mr. D. Banerji, a Gazetted Officer, is present at the spot and they may allow their search in his presence. The appellants have their consent to be searched before the said D. Banerji, Gazetted Officer.