NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 14.01.2009 passed by Special Judge (N.D.P.S Act), Neemuch in Special Sessions Trial No. 05/07 convicting the appellant under section 8/15 C of the Narcotic Drugs and Psychotropic Substances Act (for short 'the N.D.P.S. Act) for having illegal possession of 605 kg. poppy husk power & straw and sentenced to 10 years R.I. with fine of Rs.1,00,000/-, in default of fine, further R.I for one year.

(2.) Facts of the case in short are that on 19.09.2006 K.S. Sisodiya, Sub Inspector, P.S Baghana, district Neemuch received information regarding movement of contraband and proceeded on the spot after making necessary entries in the Rojnamcha along with his team. After reaching on the scene of occurrence made arrangement for Panch witnesses Bharatendra Singh (PW/3) and Pyarsingh s/o Dalpatsingh (PW/6). On account of paucity of time, proceeded on the scene of occurrence without obtaining search warrant from the competent authority. At about 9.30 A.M vehicle (Mahindra Max white colour) bearing registration No.RJ-06-T-0249 came from Amlikheda side. The aforesaid vehicle was apprehended and two persons sitting in the vehicle were cautioned for search on account of suspicion of possession of contraband in the vehicle. One miscreant opened fire from pistol aiming towards Police party. On account of alertness of Malkhansingh, Head Constable (PW/4) the miscreant missed the shot. Malkhansingh, Head Constable (PW/4) fired in return towards the miscreants then miscreants again made a fire towards him and gun shot of Malkhansingh (PW/4) hit in the hands of miscreant/acquitted co-accused Pappu @ Mehboob Ali. Bharatendra Singh (PW/3) & K.S. Sisodiya (PW/7), Police officials, apprehended the vehicle and the appellant who was driving the offending vehicle and on search found in his possession 605 kg. contraband kept in 20 gunny bags each covered by fertilizer bags.

(3.) After observing necessary precautions and formalities seizure was made. After making mixture of contraband of 20 bags took two samples of 500 gms. each of poppy husk powder and two samples of 500 gms. each of poppy straw. The contraband was kept in safe custody at Police Station and samples were sent for chemical examination to F.S.L. Laboratory and after completing investigation submitted charge sheet against accused persons.