UNION OF INDIA Vs. MANGILAL AND ANR.

JUDGEMENT

(1.) The Union of India has assailed the judgment of acquittal dated 01/05/2001 passed in special ST No.4/2000 by Special Judge, NDPS Act, (which shall be referred hereinafter as "Act") Ujjain.

(2.) According to the prosecution case, on 02/06/2000 R.K. Rajak, Inspector, Central Narcotic Bureau (Prevention & Intelligence Cell) received an information that two persons having 100-150 gms smack are walking down to hand it over to Chowkidar Bagdiram at Malanvasa, Shipranjali Nagar, Ujjain. Mr. Rajak immediately inscribed the information, prepared memo 'Mukhabir Suchana Panchanama', informed the superior officers, constituted a prevention party and proceeded by official motorcycle to the place intimated by the informer. After reaching there, the party surrounded the place. At about 4'O Clock in the evening, they saw two persons coming towards house of Bagdiram, situated at Malanvasa. They waited for them and when both the persons reached the house and called the person from inside the house. Bagdiram came out and they all started conversing with each other. In the meantime, the Prevention Party called independent persons of the area. K.R. Kale and Puran Singh reached and consented to be a part of the proceedings. Thereafter the Prevention Party encircled all 3 persons and interrogated them. They disclosed their names as Mangilal, Gowardhan and Bagdiram. After informing them about their right to be searched by superior officer or Magistrate and after obtaining their consent for search by the inspector himself, they were searched. 70 gms. Smack was found in the pocket of shirt worn by Mangilal, 2 gms was recovered from Bagdiram's shirt and two bus tickets of Rajasthan Roadways from the pocket of Gowardhan. Following the due procedure, a case was registered and all the papers, panchanama were prepared on the spot. Thereafter, the prevention party brought the accused persons and all the articles and materials to their headquarters. The Inspector sent the seized substance for testing to the Government Opium and Alokelite Factory, Neemuch, who reported the substance to be smack. After completing the investigation charge-sheet was filed before the Special Judge.

(3.) Accused-Mangilal and Badgiram were charged under Section 8/21 and 8/29 of NDPS Act and Gowardhan was charged with Section 8/29 of the Act. All three accused persons abjured their impleadment. During the trial accused-Gowardhan died. The trial Court closed the proceedings against him and after trial acquitted both the remaining accused/respondents.