RAJVINDER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal preferred u/s. 374 of the Cr.P.C. is directed against judgment and order dated 24.4.1997 rendered by Additional Sessions Judge, Garoth, District Mandsaur in S.T. No.9/1996, whereby appellant Rajvinder singh has been found guilty u/s. 8/21 of the Narcotic Drug and Psychotropic Substances Act, 1985 (hereinafter, for short, 'the Act') and has been sentenced to undergo 10 years' RI and to pay a fine of Rs.1,00,000/- with usual default stipulation.

(2.) The prosecution story, briefly stated, is that on 17.10.1995, Indrabhan singh Parihar (P.W.8), the then Assistant Sub Inspector, Police Station GRP Shyamgarh, District Mandsaur, at around 9.05 pm., received a secret information that a person named Rajvinder singh is waiting at Platform No.2 for Nizamuddin Express to go to Delhi and that, he is having Smack in his possession. Indrabhan singh Parihar (P.W.8) prepared a memorandum Ex. P/11 regarding this secret information in presence of Constable Ashok Singh (P.W.6) and Subhash Aheer (P.W.4). A copy of this memorandum was forthwith forwarded to SRP, Indore. Thereafter, Indrabhan singh Parihar (P.W.8) proceeded to conduct a raid at the given place along with police party comprising of Subhash Aheer (P.W.4) and others. On reaching the place at Platform No.2, he found a person of given description standing beneath a tree in a suspicious condition. Indrabhan singh Parihar (P.W.8) disclosed his identity to him and further told him that as per secret information received by him, he is having Smack in his possession and, therefore, he is required to be searched. Vide Ex. P/11, the appellant was informed that he can be searched before a Gazetted Officer or before a Executive Magistrate. As per prosecution, Rajvinder singh opted for being searched in presence of Executive Magistrate, therefore, Indrabhan singh Parihar (P.W.8) vide memorandum Ex. P/20 requested the Executive Magistrate to come to the spot. Thereupon, Narendra singh Rathore (D.W.1), the then Naib Tehsildar-cum-Executive Magistrate, Shyamgarh came to Platform No.2 of Railway Station and in his presence, Indrabhan singh Parihar (P.W.8) carried out the search of the appellant, wherein a brownish powder kept in a newspaper wrapping was found in the right pocket of pant worn by the appellant. On physical verification, it was found to be Smack, the same on being put to weighment, weighed 7 gms. Thereafter, the powder was seized from appellant vide seizure memo Ex. P/6. Looking to the small quantity of the contraband, no sample was drawn and the same was sealed at the spot. The appellant was arrested after being apprised of the grounds of arrest. Thereafter, Indrabhan singh Parihar (P.W.8) came to Police Station. The contraband was deposited with Head Constable Ashok Singh (P.W.6), 'Malkhana' Incharge. FIR Ex. P/1 in this regard was registered against the appellant for offences u/s. 8/21 of 'the Act'. A detailed report Ex. P/19 with regard to search, seizure and arrest was forwarded on the next day to SRP, Indore. Sealed packet comprising of contraband was sent to Regional Forensic Laboratory, Indore. The Assistant Chemical Examiner of the laboratory vide report dated 22.11.1995 Ex.P/24 confirmed presence of Di Acetyl Morphine in the powder. Resultantly, a charge-sheet was laid against the appellant before the competent Court with regard to offence u/s. 8/21 of 'the Act'.

(3.) The appellant, on being charged, abjured the guilt and claimed to be tried. The defence of the appellant has been of false implication. The prosecution, in order to bring home the charge, examined as many as 9 witnesses in its support including Dhiraj Kumar (P.W.2) and Mangilal (P.W.3), who are said to be the 'Panch' witnesses. Apart this, documents Ex. P/1 to P/32 were also marked in evidence. Narendra singh Rathore (D.W.1), the then Naib Tehsildar-cum-Executive Magistrate, was examined as sole defence witness. The learned trial Court, on the basis of evidence adduced before it, vide the impugned judgment, convicted and sentenced the appellant, as stated here in above.