DAWOOD KOSLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal under Section 374(2) of Code of Criminal Procedure being aggrieved by the Judgment dated 20.9.2011 passed by Special Judge, N.D.P.S. Act, Anooppur, District Anooppur in Special Case No. 9/2010 whereby the appellants have been convicted under Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and have been sentenced to undergo Rigorous imprisonment for 10 years each and fine of Rs. 1,00,000/ -, in default they shall further suffer to RI for 3 years.

(2.) THE facts, in short, giving rise to this appeal are that on 15.9.2006 at about 1.10 pm, Sub Inspector J.P. Patel (PW10) received a secret information in regard to the fact that in village Mahuda a Mini Truck 709 bearing Registration No. CG -04/ZB/2396 loaded with Ganja was stucked in mud and two boys, who are the outsiders, were trying to pull out the aforesaid truck from mud. The secret information has been recorded in Rojnamcha Sanha No. 529 Ex. P/26 by J.P. Patel (PW10). Further a Panchnama Ex. P/22 of secret information was prepared in presence of Head Constable Pushpraj Singh and Constable Suresh Kumar. The same has been forwarded to the senior officer S.D.O.(P), Anooppur by Constable No. 273, Sanjay Shrivas. This fact has been duly recorded in Rojnamcha Sanha vide Ex. P/27. Thereafter, J.P. Patel proceeded to the place of incident along with police force. The said fact was recorded in Rojnamcha Sanha Ex. P/29. They reached to village Mahuda at about 2.30 pm and found that one Mini Truck No. CG -04/ZB -2396 was stucked in mud. Two boys were trying to pull out the aforesaid truck. Panch witness Ramashankar Tiwari (PW1) and one Baburam were called there. Accused/appellants were informed to the secret information and thereafter a panchnama for performing the search has been prepared before panch witnesses Ex. P/3. Thereafter a search of the aforesaid truck was made in presence of appellants and 27 polythene packets of containing contraband (ganja) were recovered which was concealed in a box which was bolted with nut bolt, between the back side of driver seat and the trolley of the truck. Panchnama Ex. P/5 has been prepared in this regard. Witness Kamta Prasad (PW5) was called for weighing the aforesaid contraband. The aforesaid contraband was total 298 kilograms. In this regard a panchnama was prepared Ex. P/9. Out of the aforesaid contraband, 17 packets ad -measuring 164 kilograms contraband along with a permit, insurance and fitness certificate of the vehicle were seized from the possession of appellant Dawood Kosla. In this regard seizure panchnama were prepared vide Ex. P/13. Remaining 10 packets ad -measuring 134 kilograms of contraband was seized from the possession of Neelanchal Kate and seized panchnama has been prepared vide Ex. P/14. Two packets of samples of 500 gms. each have been taken from seized contraband (ganja). Same has been sealed before the panch witnesses and sent to Forensic Science Laboratory, Sagar by Constable Sanjay Shrivas along with covering memo of Superintendent of Police, Anooppur dated 17.9.2006 Ex. P/36. Ex. P/37 is the receipt of depositing the aforesaid articles in Forensic Science Laboratory, Sagar. After returning from the spot, a panchnama of seizure and other proceedings have been recorded in Rojnamcha Sanha No. 540 as Ex. P/32. The special report has been sent to Superintendent of Police on 16.9.2006 as Ex. P/61. Photographs of proceedings have been taken by Dwarka Prasad Sen (PW4). The appellants were arrested vide arrest memo Ex. P/20 and Ex. P/21 respectively. Remaining contraband has been deposited in Malkhana of Police Station, Anooppur. Same has been produced before the Court during trial and exhibited as articles C to Z and articles C -1, D -1, and E -1. As per report of Assistant Chemical Examiner of Forensic Science Laboratory, samples were containing Ganja.

(3.) LEARNED Special Judge framed the charges under Sections 8/20(b)(ii)(C) of N.D.P.S. Act against the appellants. Appellants abjured their guilt and pleaded that they have been falsely implicated and further pleaded that are innocent. When they were returning from Allahabad, someone had stolen their belongings, therefore, they were going towards their village. Police has called them and falsely implicated in the case.