JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No.620/2008, filed by Jagdish, and Criminal Appeal No.705/2008 filed by Khema Ji, arising out of the judgment of conviction and order of sentence dated 25.01.2008, rendered by Special Judge, (NDPS), Khandwa, by which it convicted the accused/appellants for the offences punishable under Section 8 r/w Section 15(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter called as "the Act" only) and sentenced them, to undergo rigorous imprisonment for a period of 12 years each and to pay fine of Rs. One lac each, in default of the payment of the same, to undergo rigorous imprisonment for another period of three years each, for having been found in possession of 159 Kgs Poppy-husk without any permit or licence.

(2.) According to the prosecution story, on 29.12.2006 at about 9:45 p.m., Dinesh Sharma (PW-10) In-charge of Police Station Ganpati Naka, Burhanpur, received an information from the informer that the contraband poppy-husk was being transported in a vehicle bearing registration No.MH 04 6261 from Indore to Maharashtra State. The information was recorded in rojnamcha sanha Ex.P-29, the panch witnesses Salamuddin (PW-4) and Choodaman (PW-5) were called and panchanama was prepared by Dinesh Sharma. Since there was no time left for obtaining search warrant, therefore, a copy of information was sent to SDO (P) through constable Mahendra Kumre (PW-7). A team of police force headed by Dinesh Sharma, SHO proceeded to the spot Dargah Chowk, Burhanpur. After sometime, a vehicle Tata Seira No.MH 04 6261 came which was being driven by accused Jagdish and the co-accused Khema Ji was sitting beside him in the vehicle. Dinesh Sharma with the help of police force intercepted the vehicle. The accused persons were apprised of the information of the informer by Dinesh Sharma. They were also informed that they have right to give their search before Magistrate or a Gazetted Officer but appellants gave their consent to be searched by Inspector Dinesh Sharma. Panchnamas Ex.P-2 and P-12 in this regard were prepared, which were signed by accused/appellants. Thereafter, the search of accused/appellants and the vehicle was made. During the search of the vehicle, five bags containing poppyhusk were recovered. The bags were marked A, B, C, D, and E weighed separately and total 159 Kg quantity of poppy-husk were found, which was seized after completing all the formalities. The two samples of poppy-husk weighing 50-50 gms from each bag, were taken out and the samples, the bags containing remaining poppy-husk were converted into parcels, duly sealed, with the seal of police station. Thereafter, the samples and the case property, were taken into possession vide a separate recovery memo Ex.P-10 and a panchnama Ex.P-6 was also prepared describing the procedure followed for preparation of samples etc. The appellants were arrested. An offence was registered against the appellants, a detailed report under the provisions of Section 57 of the Act was sent to SDO (P). After completion of the investigation, a charge-sheet was filed before the trial Court.

(3.) The learned trial Judge framed charge under Section 8 r/w Section 15 (c) of the Act against the accused/appellants. The accused/appellants denied the same, pleaded not guilty. The prosecution examined as many as 11 witnesses to prove the guilt of the appellants. The appellants have examined one witness in their defence. After conclusion of the trial, learned Special Judge found the appellants guilty under Section 8/15(c) of the Act and sentenced them as stated herein above.