GANESHRAM VISHRAM VISHWAKARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant/accused under Section 374 of Cr. P. C. being aggrieved by the judgment dated 16. 9. 2003 dated passed by Special Judge (N. D. P. S) Bhopal in Special Case No. 40/02 convicting the appellant under Section 21 (c) and 18 (c) of Narcotic Drugs and Psychotropic Substance Act (In short the Act') and sentenced for 10 years R. I. with fine of rupees one lac.

(2.) THE prosecution story in brief are that on 25. 4. 2002 at about 12. 40 in noon the station house officer P. S. Govindpura, Bhopal Shri D. S. Chouhan has received information through informer, that a person is carrying Narcotic Psychotropic Substance in a suit case on a motor cycle bearing registration No. MP- 05-D-1008, he will be reaching to Habibganj Bus stand to meet a person. The same was recorded in rojnamcha and under the intimation to City Superintendent Police said police officer along with force left the police station for such place. On the way independent witnesses were also taken with them. On reaching to said bus stand, a motor cyclist came there who was stopped and inquired about his whereabouts. He disclosed his name as Ganeshram the appellant. The said police officer had informed him about aforesaid information and asked for his search with option that the same could be carried out in presence of the gazetted officer or or he is ready to give it to him. On giving the consent to hove search by such police officer. The said S. H. O. with accompanied person and force first have given their own search and subsequent to it the search of appellant was carried out. In search Rs. 700/- and one mobile phone of' Erection Company was found on his person, while a whitcase was also tagged with the motor cycle at left side. The same was opened for search in which a brown colour powder in a plastic container and some black substance like opium were found. The same were identified as Brown Sugar 260 gram and opium 2. 00 kg The same was seized and the packets of samples for chemical analysis prepared. In this respect various panchanamas regarding information for search, search of themselves and appellant and other related papers were prepared on spot. The seized substance were scaled. On information by the appellant one T. V. set and one Kardhana purchased by him out of the income of Psychotropic Substance were also recovered and seized. The memorandum and panchanamas were also prepared in this regard. Thereafter appellant was brought to police station and an offence as crime No. 330/02 was registered against the appellant. The seized substance, its sample and Articles were kept in Malkhana of police station. The report of such in writing was sent to city superintendent of police. The said samples were sent to FSL Sagar for chemical analysis and examination. The same were found as brown sugar and. opium as per report of FSL. On completion of the investigation the appellant was charge sheeted under Section 8/18, 21 of N. D. P. S. Act.

(3.) THE learned subordinate Special Judge has framed the charges against the appellant: Under Section 8 (c)21 (c) of the Act in respect of said brown sugar and additionally also framed under the same sections in respect of said opium. On denying the same the prosecution has examined as many as seven witnesses and exhibited the papers from Ex. P. 1 to P. 30-B while on behalf of the appellant one witness was examined in his defence by exhibiting one news paper as Ex. D. 1. On appreciation of the evidence the Special; Judge has held guilty to appellant under the aforesaid Sections and sentenced him as said above. Hence, the appellant has preferred this appeal.