RAMASWAMY Vs. STATE M P

JUDGEMENT

(1.) By knocking the door of this Court under Section 374(2) of the Code of Criminal Procedure, 1973, the accused /appellant has assailed the judgment of conviction and order of sentence passed by the Special Judge, Bhopal in Special Case No. 14/2002, convicting him under Sections 8(c)/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "the Act") and sentencing to suffer rigorous imprisonment of ten years and fine of Rs.1,00,000/- (Rs. One lakh), in default of payment of fine he has been further directed to suffer rigorous imprisonment of two years.

(2.) In brief, the case of prosecution is that informant, on 30-12-2001 gave information to Salim Khan, Station Officer In-charge of Hanumanganj that two persons are staying in Room No. 3 of Hotel Banjara and they are having contraband article "Brown Sugar" for sale. After recording the said information in Roznamcha the Station Officer In-charge sent constable Narayan to call two witnesses, thereafter, the arrival of witnesses namely Mushtak and Kabir and also after doing the needful, the Station Officer In-charge with his force and witnesses, arrived at the said hotel.

(3.) On knocking the door of Room No. 3 of Hotel Banjara two persons came out and they described their names to be Ramaswamy (accused/appellant) and Abdul Zabbar. The Station Officer In-charge intimated them that he is having information about the possession of contraband article with them and thereafter he gave notice under Section 50 of the Act to the accused/ appellant, however, the accused/appellant and other person Zabbar, accepted their search through said Station Officer In-charge. Accordingly, 'Sahamati Patra' was prepared and thereafter Station Officer In-charge offered himself and his force for search to the accused and after it the Station Officer In-charge searched the accused/ appellant and found a notice under Section 50 of the Act from the pocket of his shirt. The Station Officer Incharge also found a polythene packet kept inside the fold of 'Lungi'. The police party also seized Rs.9,000/- from a bag of the appellant and in that bag contraband article was found in a polythene. The said contraband article was suspected to be "Brown Sugar" and after weighing it was found to be 1 Kg. Out of the bulk of 1 kg. contraband article, a sample of 50 grams was taken out and a panchnama in that regard was prepared. Thereafter the contraband article was seized and the appellant was arrested at the spot.