NATTHU @ NARENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Judgment shall govern the disposal of aforementioned two Criminal Appeals. Since both these appeals arise out of the same judgment and common questions are involved in these appeals, the same were heard together and are being decided by this common judgment.

(2.) Both, these appeals are directed against the judgment dated 22.07.2008, passed in Special Case No.275/2007, by the learned First Addl. Sessions Judge & Special Judge, Constituted under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the Act") Katni, whereby the present appellants have been convicted for offence punishable under Section 8/20(B) of "the Act" and sentenced to undergo R.I. for 12 years each with fine amount of Rs.1,00,000/- to each appellant and in default of payment of fine additional R.I. for two years each.

(3.) In nutshell, the case of prosecution is that on 04.06.2007, at 23:15 AM, an information was given by the informant on telephone to the A.S.I., I.M. Dwivedi of P.S. Barhi, District Katni that one white coloured vehicle 'Tempo Trax' bearing registration No.MP-19-T/1464 is going towards Pipariya from Nadwan carrying Ganja. This information was recorded in daily diary (sanha) No.1381 and witnesses were called. In presence of panch witnesses Yashendra (PW/4) and Rajjulal (PW/3), a memorandum showing reason for not obtaining search warrant was prepared and same was also entered in daily diary. A.S.I., I.M. Dwivedi (PW/7) for further action, along with Police force and panch witnesses, in a Police vehicle bearing registration No.MP-3/2008 reached at Baghaiya square. They were waiting for coming of Tempo Trax and after some time, the said Tempo Trax came to the said square. Tempo Trax was stopped. Appellants were caught by the Police. They disclosed their names as Feranlal and Natthu @ Narendra Singh. Appellants were not having valid license or permit for transportation of said ganja. During search of vehicle, it was found that the aforesaid vehicle was illegally transporting Ganja for sale in three gunny bags, which were weighed and found 23 kg, 200 gms in first bag, 30 kg in second bag and 23 kg, 800 gms in third bag, total weighing 86 kg. Out of three bags, from each bag sample of 25 gm were taken and sealed. Thereafter, Panchnama of all proceedings were prepared and articles were seized vide Ex.P/14 in presence of witnesses. Tempo Trax MP-19-T/1464 and other articles were also seized. Dehati Nalisi was written. Appellants were arrested and apprised with reason for their arrest. In the Police Station, Crime No.141/2007 dated 05.06.2007 was registered. Vide FIR, Ex-P/32, a detailed report, as per provisions of Section 37 of the Act was sent to the superior Police officials. Vide memo Ex.P/37 written by Superintendent of Police Katni to the Director, FSL Sagar, three packets of samples of seized ganja were sent to FSL Sagar for analysis and a report Ex-P-39 has been received from FSL Sagar. As per report samples were Ganja.