NIRMAL Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have filed this appeal, challenging the impugned judgment dated 01. 11. 2007 of the learned Special Judge (under NDPS act), Neemuch passed in Special NDPS Case No. 20/2004, whereby the appellants have been convicted under Section 8/15 of the Narcotics Drugs and Psychotropic substances Act, 1985 (for short "the Act"), sentenced to undergo RI for ten years and fine amount of Rs. 1,00,000/- to each appellant, in default of payment of fine they shall suffer additional RI for one year.

(2.) THE prosecution case in brief, as unfolded before the Trial Court, is that on 5. 3. 2004 Assistant Sub Inspector (Shri P. S. Kushram) of P. S. Singoli received information from informer that from the side of village Turkia Singoli a truck bearing no. RJ-13g-5925 would carry poppy husk illegally. This information was recorded in daily diary and in presence of panch witnesses (Mangilal and Devilal)a memorandum, showing reason for not obtaining search warrant, was prepared, same was also entered in daily diary. Shri Kushram for further action, along with police force and panch witnesses, in a jeep reached at triangular of Kadwasa. They were waiting for coming of truck and after some time the said truck came to Kadwasa triangular. Truck was stopped and 10 to 12 persons jumped out and ran away, out of them 3 were caught by the police force, rest escaped successfully. All the three disclosed their names as Nirmal, Ganesh and Karulal. They also disclosed that they were bringing poppy husk along with Balu, Shantilal, Mannalal, prithviraj, and Anil, from godown situated in Turkia Singoli and the name of the driver was Ramlal, who is resident of Jodhpur. Appellants were not having valid licence or permit for transportation of poppy husk. Appellants along with loaded truck were brought to the Police Station, where bags were weighed and total weight was 23 quintal. Out of 73 bags, from each bag two samples, each of 250 gram, were taken and sealed. Seal of Police Station was used and on the packet of samples signed slips of the witnesses and police officers were pasted. Seizure memo of poppy husk was prepared. Appellants were arrested and apprised with reason for their arrest. In the Police Station Crime No. 24/04 was registered, vide f. I. R. Ex. P/34. A detailed report as per provision under Section 57 of "the Act" was sent to the superior police officials. 73 packets were sent to Forensic Science laboratory with draft letter Ex. P/6 and facsimile seal sent through Constable Manohar. After handing over the sample to the in-charge of Laboratory, it's receipt was received i. e. Ex. P/7. During the course of investigation for disposal of the property, steps were taken as per provision under Section 52-A of "the Act". The copy of the order-sheet to this effect recorded by Executive Magistrate 1st Class, is Ex. P/40. Forensic Science laboratory report Ex. P/37 was received. On completion of investigation, appellants were charge sheeted for commission of offence under Section 8/15 of "the Act".

(3.) APPELLANTS refuted the charges. They have net examined any witness in defence whereas prosecution has examined, in total, 12 witnesses and adduced several documents to establish it's case. Learned Trial Court, after hearing both the parties, found the prosecution case proved and convicted the appellants as shown herein-above.