PRABHULAL Vs. UNION OF INDIA

JUDGEMENT

(1.) APPELLANTS -accused have filed this appeal under section 374 CrPC, against the judgment and order dated 23.7.2001, in Special Case No. 3912000, passed by Shri A.K. Pateria, learned Special Judge NDPS Act, Indore, whereby accused Prabhulal has been convicted under section 8 read with section 18 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act'), while accused Shivlal has been convicted under section 29 of the NDPS Act and each of them were sentenced to undergo RI for 10 years' RI and a fine of Rs. 1 lac and in default of payment of fine to undergo further RI for 3 years, each. Accused Prabhulal has also filed a separate appeal (Criminal Appeal No. 980/01) against the same judgment and order.

(2.) THE prosecution case is that on 19.6.2000 at about 8:45 a.m. Sub -Inspector Girvarpuri (PW 5) in the Office of the Central Bureau of Narcotics received the secret information from the approver that the accused persons are travelling in a bus from Ujjain to Baroda with the opium and that bus reaches at Indore at about 11 :00 a.m. Girvarpuri (PW 5) recorded the information in Panchnama Ex. P -8 and it was conveyed to the higher authority/Superintendent, CBN, Ratan Godiya. That the Superintendent Ratan Godiya disclosed about the secret information to Inspector, CBN, Murlidhan Kani (PW 6) and directed him to conduct further proceedings. Thereafter, in the leadership of Inspector Murlidhan Kani (PW 6), the raiding party of the officers of CBN was formed and they reached Gangwal Bus Stand at about 10:00 a.m.

(3.) THAT , thereafter, the accused were brought to the office of the CBN, where the FIR (Ex. P -15) was drawn and the 'Muddemal' was handed over to the Superintendent for the safe custody. That one of the sample packets was handed over to Constable Yashwant Singh (PW 4) to give it to the Government Opium and Alkaloid Works, Neemuch along with letter (Ex. P -16). That the information under section 57 of the NDPS Act was given to the higher authorities and that the report of the Government Opium Factory, Neemuch (Ex. P -12) indicated that the contents of the sample were opium. After recording the statements of the witnesses and completing the investigation, charge -sheet was filed on 14.9.2000 in the Court of Special Judge, Indore, against the accused Prabhulal under section 8/18 and against accused Shivlal under' section 29 of the NDPS Act.