ARJUN SINGH @ ARJUNLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 of Cr.P.C. against the judgment of conviction dated 24.8.2002 passed by Special Judge (NDPS Act), Neemuch in Special Case No.27/2001, whereby learned Judge found appellant guilty for the offence under Section 8 read with Section 18 of Narcotic Drugs and Psychotropic Substances Act (for brevity hereinafter referred as the Act) and sentenced him to undergo ten years R.I. with fine of Rs.1,00,000/- with default stipulation.

(2.) Brief facts of the case are that on 1.7.2000 at about 8.00 AM P.C. Chasta (PW-3), the then SHO, P.S., Jawad received a secret information from the informant that appellant Arjun Singh resident of Chittorgarh District would be passing through Nagthun road carrying illegal opium on bike. On that he wrote the information in daily diary and called two independent witnesses Mahesh (PW-9) and Ahmed Khan, informed them about the same and made information memorandum Ex.P/2 and also prepared Ex.P/3 memo of not getting search warrant and sent that information in a latter Ex.P/4 to SDOP, Jawad along with the copy of Ex.P/2 and Ex.P/3 through Constable Laxman Singh. Then along with other members of Police force Head Constable Kanhaiyalal, Constable Banshilal, Rakesh, Ghanshyam and Sainik Shyamlal, Tulsiram and independent witnesses Mahesh and Ahmed Khan reached the spot, where he apprehended the appellant Arjun Singh, who was coming on bike bearing registration No.RJ-09- O-0584 from Nagthun side. He informed appellant Arjun Singh that he had received information that he was carrying illegal opium and wanted to search him and prepared memo Ex.P/5. After obtaining the consent letter for search Ex.P/6 from appellant and giving personal search of himself and other party members, he searched appellant Arjun Singh, but did not find any narcotic substance and prepared search memo Ex.P/7 and Ex.P/8. Then he searched the motorcycle bearing registration No.RJ-09-O-0584, wherein in the dickey of the motorcycle in a jute bag he found black material in a polythene. He tasted that material. On being tasting it was found to be opium and he weighed that material, which was found to be 7 Kg. 250 gms. Then he took two samples of 30 gms. each (exhibited in evidence as Article A/1) and placed the same in two bags, which were stitched and sealed with slip of seal of Police Station and remaining material article A/2 was also sealed in a separate bag of cloth, which was sealed and stitched with slip and seal of Police Station bearing signatures of Panch witnesses and detailed Panchnama Ex.P/9 and a memo of seal impression was also prepared. The seizure memo Ex.P/10 of those two samples Article A/1 and remaining material Article A/2 and Rajdoot motorcycle bearing registration No.RJ-09-O-0584 was also prepared.

(3.) Thereafter he returned to P.S., Jawad, and after returning to P.S., Jawad P.C. Chasta (PW-3) lodged FIR of the incident. On that F.I.R. crime No.197/2000 for the offence under Section 8/18 of NDPS Act was registered at P.S., Jawad. Thereafter, further investigation was carried out by Raghunath Singh (PW-7). He went to spot and prepared spot map Ex.P/30, recorded statements of P.C.Chasta (PW-3), Constable Aziz Khan, Khem Singh, Head Constable Kanhaiyalal, Tulsiram, Constable Banshilal, Basant Kumar, Laxman Singh and independent witnesses Mahesh and Ahmed Khan and also sent the seized sample Article A/1 to FSL, Rau for chemical analysis through S.P., Ratlam along with draft ExP32. Report Ex.P/33 was received, wherein 4.06% morphine was found. Thereafter, Police filed charge sheet against appellant Arjun Singh in the Special Court at Neemuch.