SITARAM AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under section 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') is directed against judgment and order dated 12/02/2015 rendered by Special Judge [under the NDPS Act,1985 (for short 'The Act')] Rajgarh, (Biora) in case No.07/2012, whereby the appellants have been found guilty under Section 8 r/w Section 20(b)(ii)(c) of 'The Act'; each having been sentenced to undergo 10 years R.I and to pay a fine of Rs. 1.00 lakh and in default of payment of fine further to suffer simple imprisonment for three years.

(2.) The prosecution story, briefly stated, is that on 10th January, 2012 around 6.40 pm S.K. Thakur (P.W.6), the then Sub Inspector, Police-station Pachore, District Rajgarh, while on patrolling duty with police staff, intercepted near Ankkhedi Tiraha, Narsinghgarh, a Indica Car bearing registration no.MP-04-BY-3781. Appellants Sitaram, v. Ravi, Ramu and Ramesh, all residents of District Mendak, (Andhra Pradesh) travelling in the car, were interrogated. Allegedly, they revealed about cannbis (ganja) being taken in the car. Pursuant to this information S.K. Thakur (P.W.6), apprised them that he would like to carry out search of the vehicle. The appellants, vide memo Ex.P1 to P4, consented for the same. On a search being carried out by S.K. Thakur (P.W.6), four gunny bags were found lying in the car, which were smelling of substance like cannabis. The gunny bags were opened on the spot. The material kept inside the gunny bags, was mixed up and weighed on the spot by calling a weighing machine from a nearby place and was found to be one quintal, one kilo and five hundred gms. The same, on physical examination, was found to be 'ganja' therefore, after effecting seizure, two samples, each of 50 grams, were drawn from the material and sealed on the spot. The remaining material was also separately sealed in two bags. Seizure memo (Ex.P.12) was drawn in this regard. The Indica car as well as the mobile phones, held by the appellants were also seized from them. The appellants were formally arrested and on interrogation, they further revealed that they, along with one Parasuram, who fled away from the spot, have brought the contraband from Andhra Pradesh and were going to deliver it to a person named Pappu at Indore. Memo Ex.P24 to P27 were prepared in this regard. On the basis of this information, Papulal was taken into custody. After all these formalities, S.K. Thakur (P.W.6) came back to police-station Pachore, the sealed bags of contraband as well as the sample packets were deposited in the 'Mal Khana'. Formal F.I.R Ex.P/39 was recorded against the appellants at police-station Pachore. One of the sample packet was sent vide memo Ex.P-36 dated 12/01/2012 to Forensic Science Laboratory, Bhopal. The chemical examiner, vide Ex.P/37 opined about the presence of cannabis in the sample.

(3.) After usual investigation, a charge-sheet was laid before the competent Court against the appellants and co-accused Pappulal. A charge for offence under Section 8/20 (b)(ii)(c) of 'The Act' was framed against each of the appellants; apart this charge for offence under Section 29 of 'The Act' was framed against co-accused Pappulal. Parasuram was shown to be absconding. The appellants so also co-accused Pappulal abjured the guilt and claimed to be tried. The prosecution, in support of its case, examined as many as nine witnesses including Radheshyam (P.W.1), Chander Singh (P.W.2), both said to be the punch witnesses and S.K. Thakur (P.W.6), who is said to have conducted the search and seizure. Apart this, documents Ex.P/1 to P/42 were also marked as exhibits.