GANGARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THESE three above said appeals have arisen from the judgment of Special judge NDPS Act, Indore passed on 28-5-2001 in Special Case No. 23/2000 convicting both the appellants for the offence punishable under Section 8 read with Section 21 of the NDPS Act and sentencing with 10 years' R. I. and fine of rs. 1,00,000/- (One lac ). It has also been directed that they will have to undergo 5 years additional R. I. in default of payment of fine amount. As common questions of law and facts are is involved in both these appeals, therefore, they are being disposed by this common judgment.

(2.) CASE of the prosecution before learned Trial Court was that on 28-2-2000 K. S. Chouhan P. W. 3 Sub-Inspector Police Station, Chandan Nagar received information from an informer that two persons were standing on aamwala Road Chandan Nagar, Indore with brown sugar (a contraband article), then Sub-Inspector, Chouhan informed Station House Officer, Sajjan singh Chouhan P. W. 5 regarding information received by him and Panchnama ex. P-3 was drawn regarding this information. Panchnama was transmitted to the Office of City Superintendent of Police through Constable Shobharam, where it was received by reader Mishra and an acknowledgment Ex. P-3 was given by him. Panch witnesses Raj Kumar P. W. 5 and Shivaji P. W. 7 were called by the police and were apprised with the information of the informer then K. S. Chouhan (P. W. 3) alongwith members of the police force and both the Panch witnesses proceeded towards the place of incident.

(3.) ON the place of incident, he found the appellants were standing having same features as was prescribed by the informer. On interrogation appellants told that their names are Sanjay Yadav and Gangaram Yadav, then sub-Inspector, Chouhan apprised them with the information received from the informer, and also apprised them that they have got a right to be searched in presence of a Gazetted Officer or a Magistrate or if they concede then they can be searched by Inspector Chouhan. Both the appellants gave their consent for being search by Inspector Chouhan vide Exs. P-4 and P-5 Panchnama was prepared and thereafter Inspector Chouhan gave his own search to the appellants and a memo of search Ex. P-6 was drawn.