VEER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 (2) of Cr.P.C. against the judgment of conviction dated 4/1/2008 passed by Special Judge (NDPS Act), Bhopal in Special Case No.13/2006, whereby learned Judge found appellant guilty of the offence under Section 18 (C) read with Section 21(C) of Narcotic Drugs and Psychotropic Substances Act (for brevity hereinafter referred as the Act) and sentenced him to undergo Twenty years R.I. with fine of Rs.2,00,000/- with default stipulation.

(2.) Brief facts of the case are that on 13/2/2006 at about 6.25 AM, Fateh Singh Thakur (PW-4), the then Sub-Inspector, G.R.P., Bhopal received a secret information from the informant that one person wearing brown Shawl was sitting at platform no.4 & 5 near bookstall with brown sugar in a black bag. On that, he wrote the information in the daily diary (Roznamcha) (Ex.P-10) and called two independent witnesses Mohd. Rafique Khan (PW- 6) and Alim Khan (PW8) through Constable Sher Singh and informed them about the same and made information memorandum (Ex.P-13) and sent that information in a letter (Ex.P-14) to Deputy Superintendent of Police, G.R.P. Bhopal along with a copy of informant information (Ex.P-10) and information memorandum (Ex.P-13) through Constable Praveen and that activity was also entered in Daily Dairy (Ex.P-15). Then, he along with other members of Police force viz. Head Constable Bhuvneshwar Singh, Constable Man Singh, Chandresh Dubey, Sher Singh and independent witnesses Rafique Khan and Alim Khan reached the spot, where he saw appellant Veer Singh wearing brown color shawl near the bookstall. He cordoned-off the appellant with the help of his colleagues and then asked him to remove the shawl. When appellant removed his shawl, he saw that the appellant had hanged a black color bag on his left shoulder. On that he prepared memo (Ex.P-17) of getting appellant on platform, thereafter, he informed the appellant that he had received information that he was carrying illegal brown sugar and wanted to search him and also informed him that if he wished he may be searched in the presence of Gazetted Officer or Magistrate and also gave written notice (Ex.P-18) to appellant in this regard. After obtaining the consent letter for search (Ex.P-19) from the appellant, he gave personal search of himself and other party members and prepared search memo (Ex.P-20). Then, he searched appellant Veer Singh. In the personal search of appellant, he did not find any narcotics substance.

(3.) Thereafter, he returned to P.S.,G.R.P. Bhopal, along with appellant and seized material and after returning to P.S., G.R.P. Bhopal. he handed over the appellant and sized material to A.K. Shukla (PW/3) who entered those articles in malkhana register (Ex.P/4) and kept the articles in safe custody. S.I. Fateh Singh Thakur (PW-4) also entered his returning in Daily Diary (Ex.P/30) and lodged the FIR of the incident (Ex.P/38). On that F.I.R. Crime No.75/2006 (Ex.P/31) for the offence punishable under Section 18(C) read with S.21(C) of NDPS Act was registered at P.S., G.R.P., Bhopal. He also sent a detailed information of incident to Superintendent of Police, G.R.P. Bhopal in a letter (Ex.P/1) through Constable Mansingh. Thereafter, further investigation was carried out by Surendra Singh Sikarwar (PW-7). During the investigation, he recorded the statement of Rafique Khan (PW6), Alim Khan (PW8), Ramkhilawan (PW5), Mansingh, S.I. P.N. Singh, A.S.I. Ashwini Kumar Shukla, Head Constable Satendra Singh, S.I. Fateh Singh Thakur(PW/4), Head Constable Bhuvneshwar Singh, Constable Praveen Yadav, Sher Singh and Chandresh Dubey and also sent the seized sample A1, A2, B1&B2 to FSL, Sagar for chemical analysis through S.P., GRP Bhopal along with draft (Ex.P-5). On that, report (Ex.P-9) was received, wherein 32.9% morphine was found in the seized brown sugar. Thereafter, Police filed charge sheet against appellant Veer Singh in the Special Court at Bhopal.