FATTO Vs. STATE OF M P

JUDGEMENT

(1.) - Feeling aggrieved by the judgment of conviction and order of sentence dt. 6-11 -2000 passed by Special Judge Vidisha in Special Case No. 32/2000 convicting the appellant under Section 8 read with Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred as to "the Act"), the appellant has preferred this. appeal under Section 374 of Code of Criminal Procedure 1973.

(2.) In brief, the case of the prosecution is that on 4-5-2000, Excise Sub Inspector Gopilal Sharma (P.W. 3) received an information that the appellant is carrying poppy straw. This information was registered in the offence register and the information was transmitted to the Distt. Excise Officer vide Ex. P. 10. Thereafter, along with S. P. Mishra (P.W. 4) who is Asstt. Executive Officer and is a Gazetted Officer along with his staff rushed at Madhoganj Chauraha along with witnesses Harishanker Sharma and Rambabu Dubey. After sometime, the appellant who was carrying a canvass bag (bora) on her head came. She was stopped by constable Harishanker and she named herself as Fatto Alias Phoola. Thereafter in presence of the witnesses Deepak Vyas and Indresh, a panchanama Ex. P/l was prepared by Gopilal and notice u/S. 50 of the Act Ex. P/2 was given to the appellant and she was informed that she may be searched either before a Magistrate or Gazetted Officer Shri S. P. Mishra who was present there. The appellant who is an illiterate lady directed Deepak Vyas (P.W. 1) to record her consent letter Ex. P/3. According to Ex. P/3 she did not express her desire to be searched before any Magistrate or Gazetted Officer. Thereafter, canvass bag was checked in which poppy straw was found and on weighing, it was found to be 17.600 kgs.

(3.) Investigating Officer Gopilal Sharma (PW 3) in furtherance to his investigation, seized contraband articles, sealed it and sent it for chemical examination and on receiving its report, filed a charge-sheet before the Special Judge.