BABBAN SHAH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has called in question the legality of the judgment and order passed by learned Special Judge. Indore in the file of Special S.T. No. 39/97 dated 28.4.1999 wherein convicted the appellant under section 8/21 of the Narcotic Drugs And Psychotropic Substances Act and sentenced to undergo R.I. for ten years with fine of rupees one lac, in default whereof to undergo two years R.I.

(2.) Prosecution case sans of unnecessary details as unfolded before the Trial Court is that on 27.9.1997 Mrigendra Tripathi (P.W. 8), S.H.O. of Pandrinath Police Station. lndore, received information from informant (mukhbir) that one person named Babban Shah resident of Alot was possessing brown sugar and searching customer for sale and was present at the egg stall of Iqbal. This information was reduced into daily register at SI. No. 2509 and panchnama to this effect was prepared in presence of constable Rajkumar and Ramesh. This information was sent with constable Dularesingh No. 1622 to C.S.P., Police Station Pandrinath and also to other senior police officials. Panch witnesses Rajesh and Chandresh were called in the police station, thereafter along with investigation box, weighing instruments, police force reached on Mochipura square and they found the person standing. He was surrounded and he disclosed his name Babban Shah. The appellant was apprised with the mukhbir intimation and as per provision under section 50 of the Act he was apprised his right of search and seizure by gazetted officer or Magistrate upon which the appellant agreed to got him searched by S.I. Mrigendra Tripathi (P.W. 8). A memorandum was prepared to this effect vide Ex. P-3. On search. from the right pocket of the pant of the appellant one green polythene packet was found and the same was containing gray colour powder having severe smell. On the basis of test smell and by burning they found it to be brown sugar. Panchnama to this effect was prepared and powder was weighed by weighing instrument and it was 30 gin along with polythene papers. Out of this, two samples of five gram each were taken separately and same were kept in polythene and sealed in match box separately. Rest of the powder was also sealed separately. For the purpose of sealing, seal of the police station was used. Appellant was arrested for commission of offence punishable under section 8/21 of the Act. He was apprised with the reason of his arrest and police fierce returned back the police station where on re or thing by the force Bharatendra Saluke, S.H.O. (P.W. 9) recorded F.I.R. (Ex. P-.14) and continued further investigation. He prepared map (Ex. P-15) and sent the sample for examination to F.S.L.. Indore. After receiving report from laboratory and completion of investigation, charge-sheet was filed before the Courts below.

(3.) Appellant denied the commission of offence. Therefore, put on trial. In his statement under section 313 of the Crimial P.C. his defence was of false implication by police and witnesses have given false statement against him. He has also stated that his signatures were obtained on a plain paper. He has not examined any witness in his defence whereas prosecution has examined in total nine witnesses and got proved 32 documents to prove its case. The learned Trial Court, after hearing both the parties, convicted the appellant as mentioned herein above.