RITESH CHAKRAVARTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being dissatisfied with the judgment of conviction rendered in Special Case No. 44 of 2000 by Special Judge, (N.D.P.S.) Indore on 3rd April, 2001 thereby convicting the appellant for the offences punishable under sections 8/18 of the Narcotics Drugs and psychotropic Substances Act (for short, "the Act") and sentencing him to suffer R.I. for 10 years with fine of Rs. One lac, in default of payment of fine to suffer R.I. for two and half years.

(2.) The prosecution case as furled before the Trial Court is that on2.8.2000, Sub-Inspector Sabiha Akunjai, working with Inspector M.Dhankani, Central Bureau of Narcotics (for short, C.B.N.") received in- formation from the informant that near park, one person named Ritesh Chakravarti was coming with 1.500 kgs. opium. This information was recorded by Sub-Inspector Smt. Sabiha in presence of InspectorS.K. Bajpai and (P.W. 5) Sub-Inspector (Girwar Puri). Thereafter,senior official was made aware of the same. Senior officials constituted raid in party and reached on the spot along with panch witness (P.W.1 Ramchand, (P.W. 2) Girish. After waiting for sometime, in the evening at about 4.00 p.m. the appellant was seen having black Rexene bag in his hand. He was interrogated by (P.W. 5) Girwar Puri, Sub-Inspector,C.B.N., upon which the appellant disclosed his name. Thereafter, he was made aware the informant report and given option for his search as per provision under section 50 of the Act. The Sub-Inspector (P.W.5) Girwar Puri took the search of black Rexene bag of the appellant and found therein 1.300kgs. opium. Out of these opium. two samples each weighing 25gms were separately taken out and sealed. Rest of the opium was also separately sealed and, on all these articles chits were affixed. On personal search of the appellant only 100.00 rupees currency note was found. After completing procedure of search and seizure, the appellant was arrested for the commission of offence punishable under sections 8/18 of the Act. The appellant's statement was also recorded vide Ex. P/7 by P.W. 5. In this statement, the appellant confessed the commission of crime. Sub- Inspector (P.W. 5) prepared detailed report as per Provisions of section 57 of the Act and placed before superior officials who appointed P.W. 6 Murals Dhamkani to further investigate the crime.

(3.) (P.W. 6) Inspector sent the samples along with letter Ex. P/ 12and test memo Ex. P/ 14 bearing his seal impression to Government opium Alkaloid Factory Neemuch for test. The sample was sent with(P.W. 4) Head Constable Dinesh Chandrawat, who after depositing the sample with the authority of the factory obtained receipt Ex. P/ 10.He handed over the same to Investigating Officer after receipt of the analysis report by Neemuch Factory vide Ex. P/11. After required investigation, (P.W. 6) Inspector submitted complaint before the Special Judge/Trial Court.