PEER BUX KHAN Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have filed the appeal against the judgment dated 18-11-1998 passed by learned Special Judge Mandsaur in Special Case No. 7/97 of their conviction and sentence under Section 8 read with Section 18 of the Narcotics drugs and Psychotropic Substances Act, 1985 (hereinafter referred in short as ndps Act) for the rigorous imprisonment for 10-10 years and fine of Rs. 1-1 lakh and in default of payment of fine further rigorous imprisonment of 2-2 years.

(2.) THE prosecution case is that on 14-1-1997 at about 12 AM in the morning at Police Station Nahargarh Station House Officer R. K. Singh (P. W. 5) received the secret information on the telephone that the accused persons are trafficking the opium and they will catch the bus near the culvert of Tumbad river and after recording the information and sending it to the Superior Officer, the Station House Officer along with Head Constable Prahlad witness Bherulal (P. W. 1) and Ramchandra (P. W. 2) reached on the spot and both the accused persons were found holding the bags in their hand. The Station House Officer apprised them about the information and they were told that they have a right of their search either before the Gazetted Officer or the Magistrate. The accused persons consented their search by the Station House Officer R. K. Singh (P. W. 5) vide consent memo Exs. P/2 and P/3. That in the search of the bags of each accused persons, the opium weighing 3-3 kg was found and after drawing sample of 30-30 gm from the seized item it was scaled and after arrest of the accused, the accused was taken to the Police Station where FIR was registered against the accused persons.

(3.) THE information under Section 57 of the NDPS Act was sent to the SDOP from Constable Santosh Kumar (P. W. 7) and this information Ex. P-27 was received by Reader of the SDOP Suresh Babu Sharma (P. W. 6 ). The sample packets were given to Constable Ram Khilawan (P. W. 3) who has deposited it in the FSL Indore. After the chemical examination of the FSL indore has given the information vide Ex. P-30 that the contents were opium poppy. Investigating Officer Ajay Mishra (P. W. 10) after recording the statement of the witnesses presented the charge sheet against the accused persons under Section 8/18 of the NDPS Act before the Special Court.