K. MUNIR Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 5.9.2008 passed by Special Judge (NDPS Act), Ratlam in Special S.T.No.39/2006, whereby the learned Judge convicted the appellant under Section 18(B) of Narcotics Drugs and Psychotropic Substances Act (for brevity hereinafter referred to as NDPS Act) and sentenced him to undergo ten years RI with fine of Rs. 1,00,000/- with default clause.

(2.) Brief facts of the case are that on 25.5.2006 at about 12.00 Noon Shivdayal (PW-5) the then ASI, PS, Ringnod, received a secret information from informant that Munir, resident of Kerala would be passing from Hatuniya Kankar Balaji road carrying illegal opium on Yamaha motorcycle bearing registration No.MP-14- BA-4368. On that he wrote the information in Daily Diary and thereafter informed SDOP, Police, Jaora on phone and called two independent Panch witnesses Shree Pal Jain (PW8) and Manzoor Beig (PW9), informed them about the same and made informant information memorandum Ex.P/6 and also prepared memo Ex.P/7 of not getting search warrant and sent the copy of Ex.P/6 and P/7 to SDOP, Jaora through Constable Vijaypal (PW1). Then along with members of police force Kartar Singh, Anil Jain, Santosh Agnihotri, Abhishek Pal, Antar Singh, Dilip Singh Bhadoriya and independent witness Manzoor Beig and Shripal he reached the spot where he apprehended Munir, who was coming from Hanutiya on motorcycle and informed Munir that he had received information that he was carrying illegal opium and wanted to search him and prepared information memo Ex.P/8. After obtaining the consent letter for the search Ex.P/9 from accused and giving personal search of himself and other party members, he searched accused Munir but did not find any narcotics substance and prepared search memo Ex.P/10 and Ex.P/11. Then he searched the bag hanging on the shoulder of appellant Munir wherein he found black material in a polythene, seized that material and prepared seizure memo Ex.P/12. on testing that material was found to be opium and prepared testing memo Ex.P/13. Then weighted that material and found it to be 12 Kg. and prepared measure memo Ex.P/14. Then he took two samples of 30 gms. each from that material Article A/1 and placed it in cloth bag, which was stitched and sealed with slip bearing the signatures of the Panch-witnesses and by seal of the Police Station the remaining material Article A/2 (Exhibited in evidence as article B) was also sealed in a separate bag of cloth, which was stitched and sealed with slip bearing the signatures of the Panch-witnesses and by seal of the Police Station and detailed Panchnama Ex.P/15 was prepared and also prepared a memo Ex.P/16 of seal impression. A seizure memo Ex.P/17 of those two samples A/1 and remaining sized material Article A/2 and Yamaha motorcycle No.MP-14- BA-4368 was prepared. Applicant was arrested and arrest memo Ex.P/18 was prepared. He also prepared spot map Ex.P/19.

(3.) On interrogation accused Munir informed that he brought 12 Kg.opium from co-accused Vijay. Then he went to village Bholiya in search of co-accused Vijay apprehended him and prepared arrest memo Ex.P/21. The appellant and co-accused Vijay along with the Muddemal opium was taken to the police station Ringnod. After returning to P.S., Ringnod, ASI Shivdayal lodged FIR of the incident. On that FIR Crime No.110/2006 for the offence under Section 8/18 and 29 of NDPS Act was registered at P.S., Ringnodand. Thereafter further investigation was carried out by SHO Ram Singh (PW-6). He again sealed the seized Muddemal and handed it over to Bholanath singh H.C.( PW-7) and recorded the statements of the members of the seizure operation. The Muddemal samples were sent to FSL Rau for chemical analysis through the S.P. Ratlam along with FSL draft Ex.27. Report Ex.28, was received from the Forensic Science Laboratory, wherein 5.17% morphine was found in the seized opium. Thereafter, Police filed charge sheet against the Appellant and co-accused Vijay in the Court of Special Judge Ratlam.