VINOD KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT-VINOD Kumar has been convicted under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act (for short, 'the Act') and sentenced to RI for 10 years and fine of Rs. 1 lakh in default whereof, further R. I. for 2 years.

(2.) THE facts of the case lie within narrow compass. On 13-12-97 M. S. Parihar, ASI, Police Station, Kotwali, Mandsaur received an information that appellant along with co-accused Prakash is likely to transport Dodachura of opium. ASI, M. S. Parihar called panch witnesses and informed them regarding the information received by him. A report to that effect was recorded in Rojnamcha Sanha No. 1012. He also prepared panchanama Ex. P/5 and sent information to his immediate superior. With the police force and the Panch witnesses, ASI Parihar reached bus stand Mandsaur where appellant was standing near the booking office. He was carrying two bags of black colour. Another person Prakash was also present carrying a yellow bag. Appellant was caught at the spot but, co-accused Prakash fled away.

(3.) INSPECTOR Parihar informed the appellant of his right to be searched before the Gazetted Officer. The appellant gave his consent for search by ASI Parihar. ASI Parihar and Constable Shishupal accompanying him gave their own search to appellant. Panchnama Ex. P/7 was prepared in this regard. Thereafter, the bags which were carried by appellant-Vinod Kumar were opened. The bags contained Dodachura of opium. The same was seized. The seized article was weighed. The weight of Dodachura of one bag was found to be 6. 6 kg. and the weight of Dodachura of other bag was found to be 6. 7 kgs. Ex. P/7 is the Panchanama prepared by ASI Parihar. 500 gms. of Dodachura was separately seized for sample from each bag. The bulk recovered from the appellant and also the samples were properly sealed and a chit containing the signatures of the Parich witnesses and appellant was sticked on the bag's.