RAMDAS Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 28-9-2006 passed by Special Judge (N.D.P.S.Act), Gwalior in Special Sessions Trial No. 3/2005 by which the appellant has been convicted under Section 8 / 21 of N.D.P.S. Act and has been sentenced to undergo the rigorous imprisonment of 6 years and a fine of Rs. 50,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that the C.S.P. Pallavi Trivedi was on patrolling in the night of 18-11-2004, as the elections were scheduled to be held after two days. When She reached Bantu Dhaba, situated on the Bhind Road along with the S.H.O. Dwivedi and other staff, the Dhaba owner informed that one Collector is having meals. When the C.S.P. enquired from the said person, then he informed that he is an I.A.S. Officer and is posted as S.D.M., Bhavnagar. The C.S.P. got suspicious and said that She will verify from Bhavnagar, then the appellant submitted his apology and informed that he is Ramdas resident of village Arusi, Distt. Morena. On search, one while polythene was found in his suitcase which was containing white powder, and was identified as Smack. The panchnama Ex.P.1 was prepared. Two samples of 5 gms. each were prepared and the remaining smack was sealed vide seizure memo Ex.P.2. Thereafter, F.I.R. Ex.P.3 was lodged in police station Maharajpura and the seized contraband was handed over to H.C.M. The seized contraband was entered in the Malkhana register of the Police Station. The sample was sent to F.S.L. Gwalior and its report is Ex.P.6. The police after completing the investigation, filed the charge sheet for offence under Section 8 / 21 of N.D.P.S. Act.

(3.) The Trial Court by order dated 24-1-2005, framed charge under Section 8 / 21 of N.D.P.S. Act.