RAM RATAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been preferred by the accused who has been convicted and sentenced under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act,1985 (hereinafter referred to as the N.D.P.S. Act) to a term of ten years R.I. and a fine of Rs.1 lac or in default of payment of fine six month' R. I.

(2.) SHORTLY narrated the facts are that PW 5, Narendra Mohan Singh Chandel, Received information on 21-4-90 at 4-16 P.M. that a person was coming to Guna by 189 Up Kotah-Damoh train. He made an entry vide Ex. P-6, went to the Railway Station. He informed constable Dikshit and Ramshankar about the information received from the informant. He asked Ashok Dube to call Laxminarayan and Liyakatt Ali. When the train reached plate form No.1 he saw that from Coach No. 28281 a person came down who had wrapped himself from a bed sheet. He made enquiry and enquired as to the whether he wanted to give search to him or some officer be call whereupon he agreed to give search. Search was taken and Panchnama Ex.P-4 was prepared which was got signed by him as well as by witnesses. Opium was recovered from him which was got weighed and Panchnama Ex.P-2 was prepared. He also prepared two sample packets of 50 gms. each. The remaining opium was kept in separate plastic bags and the cloth was sealed. On reaching the police station he made an entry at 5.15 P.M., Ex.P-7.The recovered article was deposited in the Malkhana. He gave intimation to the Judicial Magistrate, Guna and sent the sample for chemical examination. After receipt of report charge-sheet was submitted. The accused was tried under Section 8/18 of the N.D.P.S. Act. After taking necessary evidence and hearing parties and considering the material on record the learned trial Court convicted and sentenced the accused as aforesaid. Hence, this appeal.

(3.) ON the other hand, the learned Counsel for the State contended that there is sufficient compliance of Section 50 inasmuch as the evidence on record clearly goes to show that at the time of search enquiry was made as to whether he required to be searched by a Gazetted Officer and a Magistrate includes a Gazetted Officer.