NIRBHAY RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has challenged the impugned judgement of conviction and order of sentence dated 20.6.2000 recorded by Special Judge (NDPS), Mandsaur in Special Case No. 14 of 1998, whereby holding appellant guilty of commission of the offence under section 8 read with section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Hereinafter shall be referred to as the 'Act') and sentenced him to undergo R.I. for ten years and fine of Rs. one lakh: in default to further undergo R.I. for two years.

(2.) The prosecution case. in brief is that on 8.11.1997, at about 8 a.m. in the morning, the Station House Officer, Police Station, Y.U. Nagar Mandsaur had received an information from an informer that appellant was coming with opium from his village Peepliya Karadiya. This information was recorded in roznamcha of the Police Station and memo Ex. P-21 was prepared. The copy of memo (Ex. P-21) along with letter Ex. P-10 were sent to Superior Officer City Supdt. of Police, Mandsaur through Police Constable Vishnu Dayal, thereafter, SHO Mr. Dilip Gangrade proceeded to the place of incident with two independent Panch witnesses who were called from the Bus stand and they were apprised with the information given by the informer add panchanama Ex. P-1 was prepared in this regard. When the police party reached near village Arnya Nizamuddin, the appellant was found there. His name and address was asked and then he was informed that on the basis of information received from the informer, the SHO Mr. Dilip Gangrace intend to take his search. He was also informed with regard to his right prescribed in section 50 of the Act of giving such search in presence of a Gazetted Officer or Magistrate. Thereafter the appellant gave consent of his search by the SHO himself. A panchnama of the consent (Ex. P-2) was prepared and thereafter the appellant was searched. He was carrying a Fertilizer bag in his hand and in it a Polythene bag was found containing 2 kg. 300 gms of opium. The SHO.and others Tasted and examined the alleged contraband and opined that it was opium. Thereafter on the spot two samples weighing 30 gms each were taken from the seized contraband and were kept in a separate polythene bag and in a empty cigarette packets. The remaining opium was also packed and sealed in a cloth and on its chits containing signatures of the appellant. The seizure officer and Panch witnesses were pasted on the samples and on the sealed packet of remaining contraband. The impression of seal was also taken on a separate paper and a panchanama in this context was also drawn. The appellant was arrested and memo of the entire proceedings Ex. P-3 was also prepared on the spot.

(3.) The SHO Mr. Dilip Gan grade, thereafter, returned to the Police Station alongwith contraband: samples and appellant. The F.I.R. (Ext P-22) was lodged at the Police Station. The seized contraband, sealed packets of samples were handed over to the Head Constable Moharir Mr. Brijesh Dube vide memo Ex. P-23. The entire proceedings was sent to the Superior Officer in compliance of provisions of section 57 of the Act, through constable Vishnu Dayal. One of the sample was sent for chemical examination with letter Ex. P-19 to FSL Indore from where report Ex. P-18 was received mentioning therein that the sample is containing 3.53% of Marfine and, therefore, it was opium.