BHERULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT herein stands convicted under Section 8/21 Narcotic Drugs and Psychotropic Substances Act, 1985 by Special Judge (N. D. P. S. Act), Mandsaur District, Mandsaur (M. P.) vide his judgment and order passed on 31-3-2000 in Special Case No. 141/97.

(2.) 2-A. Briefly stated, the prosecution's case is that Kailash Narayan Sharma (P. W. 12) was posted as Assistant Sub Inspector at Police Station, Suwasra. As at that day the Station House Officer of Police Station was not present at the Police Station, therefore, he was the Incharge of Police Station, Suwasra, District Mandsaur. On that day, he received a secret information that Bherulal s/o Mangilal r/o Basai is keeping smack illegally in his possession. Kailash Narayan Sharma (P. W. 12) made an entry in daily Roznamcha and he also apprised Ratan Singh and Omprakash, Constables posted at the Police Station, Suwasra. Panchnama (Ex. P-15) was prepared by Kailash Narayan Sharma (P. W. 12) and the information was taken down and a copy of the information, so taken down, was sent to Sub Divisional Officer (Police) along with covering letter (Ex. P-18 ). 2-B. Thereafter, Kailash Narayan Sharma (P. W. 12) started to Village Basai alongwith the police force and "panch" witnesses. Kailash Narayan Sharma (P. W. 12) along with search party reached at the floor mill where "panch" told him, pointing towards person standing inside the floor mill that, that person was Bherulal Kailash Narayan Sharma (P. W. 12) then called that person. When he came outside, he asked his name and address. On being asked, that person gave his identity as Bherulal s/o Mangilal r/o Basai and he also told that premises where floor mill was installed belonged to him. Kailash Narayan Sharma (P. W. 12) told him about the information which he had received and apprised him that he intended to make a search of his shop, i. e. , floor mill and he made a search after obtaining consent of the appellant. Thereafter, during the search, appellant himself produced smack which tested and weighed and two samples of five grams each were taken out from the smack and they were separately sealed and seized; remaining smack was also sealed and seized. Respective seizure memos were prepared at the spot. The weight of the smack was found 200 gms. , out of which two samples of 5 gms. each were taken out. Appellant was arrested and a crime under Section 8/21 of N. D. P. S. Act was registered and after completing the required investigation, charge-sheet was filed against him.

(3.) TRIAL Court framed charge under Section 8/21 of N. D. P. S. Act (hereinafter referred to as 'act' ). Appellant abjured the guilt and hence he was put to trial and after trial, he was convicted under Section 8/21 of the Act and sentenced to undergo Rigorous Imprisonment for ten years and a fine of Rupees one lakh; in default of payment of fine, he was directed to undergo Rigorous Imprisonment for two years.