DWARKALAL Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) BY this appeal, the appellants have challenged their conviction under sections 8/21 (c) and 21 (c) read with Section 29 of the Narcotic Drugs and psychotropic Substances Act (for short 'the NDPS Act') and sentence of R. I. for 13 years and fine of Rs. 1,50,000/- each, in default of payment of fine to suffer additional R. I. for four years, passed by the learned Special Judge (under NDPS act), Indore in Special Case No. 29/2001 by judgment dated 14-10-2003.

(2.) ACCORDING to the prosecution case on 26-7-01 the complainant Smt. Sabia Khan (P. W. 8) was posted as Inspector and Ravindrasingh Negi as sub-Inspector in the Central Narcotics Bureau, Indore. On this day, ravindrasingh received information from Mukhbir that two persons namely; raghunathsingh resident of Village Dabla and Dwarkalal of Village Misroli will be proceeding from Indore to Dhulia with heroin between 6. 00 and 8. 00 p. m. Ravindrasingh prepared a Panchnama (Exh. P-1) of this information in presence of Constables Suresh and Ramesh. Since, Superintendent of Police, indore was on tour, a telephonic information to this effect was sent to the superintendent and on instruction from the Superintendent, to proceed with the case, Ravindrasingh called two independent witnesses namely, Premchand (P. W. 2) and Ashok Kumar (P. W. 1) and appraised them about the secret information at 2. 30 p. m. and to witness the proceedings. After obtaining consent of the witnesses, he constituted a team consisting of Smt. Sabia Khan (P. W. 8), m. D. Senpal, Ravindrasingh, Surendra, both the Constables and driver Dilip reached at Mhow Naka No. 8. At 8. 00 p. m. a bus of M. P. State Road Transport bearing registration No. MP-09-S-8003 going to Pune was stopped and Smt. Sabia Khan informed the conductor of the bus about transportation of illicit contraband article to Dhuliya and, therefore, they wanted to search the luggage of the accused. Thereafter, Smt. Sabia Khan and Ravindrasingh along with panch witnesses and conductor entered inside the bus and found two persons sitting on seat Nos. 15 and 16 in suspicious condition. This fact was apprised to the panch witnesses. On asking by Smt. Sabia Khan they disclosed their names as dwarkalal and Raghunathsingh together with their addresses. At that time, accused Dwarkalal was keeping a sleety colour attachi in his lap and admitted that it was his attachi. Smt. Sabia Khan asked them whether in the chamber of the attachi any heroin was kept, the accused Dwarkalal admitted that it was containing illicit heroin which was being transported to Dhuliya in association with Raghunathsingh. Thereafter, both the accused persons were got alighted from the bus along with the said attachi and came near the Government vehicle and Smt. Khan disclosed about taking search of the luggage of both the accused persons and that accused persons had right under Section 50 of the Act to give search before a possible nearest Magistrate or the Gazetted Officer. Both the accused persons gave their consent for search of their persons and luggage by ravindra Singh (P. W. 7 ). A Panchnama to this effect was prepared on which the accused persons put their signatures. On opening of the attachi in presence of conductor and panch witnesses it was found to contain one pant, one underwear, one baniyan and one towel. On search of secret chamber of the attachi, in presence of panch witnesses, two transparent plastic bags containing gray colour powder were found. On weigh ment, 3. 420 kgs. powder including the weight of bag was found. On examination with the help of testing kit, it was confirmed that the powder was heroin. From the said bag also, two samples of 5 grams each were taken for chemical examination and kept in a separate plastic bag inside an envelope which was sealed. On opening the second bag, it was found to contain 2. 780 kgs gray colour powder. On examination with the help of test kit, it was found that the said powder was heroin. From this bag also two samples of 5 grams each were taken and sealed. The two packets of heroin as also the four packets of samples were seized and sealed on which the panch witnesses and ravindrasingh put their signatures. The envelops of sample taken from first bag were marked as A-l and A-2 and the envelops of sample taken from second bag were marked as B-l and B-2. The attachi and the clothes were also seized and sealed on which the panch witnesses and Ravindrasingh put their signatures.

(3.) PERSONAL search of the accused persons were also taken by ravindrasingh through a separate panchnama. Their statements were also recorded on the spot itself. Both the accused persons admitted to carry the aforesaid heroin to Dhuliya. They were arrested. A panchnama of Fascimile seal (Exh. P-7) and spot map (Exh. P-8) were also prepared. On personal search raghunathsingh was found in possession of a common bus ticket of seat Nos. 15 and 16 which was seized vide Exh. P-9. After reaching to the Office of Central bureau of Narcotics, S. I. Ravindrasingh submitted a detailed report of the proceeding under Section 57 of the Act vide Exh. P-19 to Superintendent Shri s. K. Bajpayee who put his comments thereon and instructed Smt. Sabia Khan for further investigation into the matter.