KAMLESH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH the aforesaid appeals arise out of same impugned judgment, therefore, same are taken together and dispose of by this common judgment.

(2.) THE appellants have filed these appeals, challenging their conviction under Section 21 (C) of the Narcotics Drugs and Psychotropic substances Act, 1985 (for short "the Act") and sentence of RI for 10 years with fine of Rupees one lakh, in default of payment of fine each appellant was further sentenced to undergo SI for one year, passed by learned Special Judge (under ndps Act), Ratlam in Special S. T. No. 45/2003, judgment dated 1-12-2006.

(3.) ACCORDING to the prosecution case, ASI G. S. Gurjar (P. W. 14)posted at outpost Bangrod, P. S. Namli received information from informant that from Dhodar to Ratlam on Yamaha motor-cycle No. MP09/h-298 appellant Kamlesh Singh Rajput alongwith smuggler was coming with smack. On receiving this information, memorandum of the information was prepared in presence of witnesses Chikulal and Lokendrasingh and intimation was sent to sdop, Sailana as per provision under Section 42 of the Act. The police party alongwith witnesses and instruments for investigation proceeded in government vehicle towards Maleni river and reached on the bridge of Maleni river. They saw two persons coming on motor-cycle Yamaha from the side of jaora. On driving seat, appellant Kamleshsingh was sitting and he told by taking name of pillion rider Shakeel that police would catch them, thereafter he raised the speed and ran away on the motor-cycle. Constable Jandelsingh and ASI gurjar chased them by Government vehicle and caught them after crossing a distance of one and a half kilometer. Their names were asked. They were informed about informer information regarding illegal possession of narcotic drug and notice under Section 50 of the Act was given to them. They expressed their desire and gave consent to be searched by ASI Gurjar. From the possession of appellant Shakeel, 1. 10 kg smack was seized, out of this two samples each of 25 gm. were taken. On search of appellant Kamlesh, mobile and his motor-cycle were seized. The proceedings of search and seizure were completed on spot. Thereafter appellants were arrested. After reaching at the police station, seized property was deposited in malkhana and intimation in accordance with the provisions of Section 57 of the Act was sent to SDOP, Sailana. Sample (Article a) was sent for examination to FSL. Its report is Exh. P-31. According to this report, in the sample 10. 47 % Di Acetyl Morphine (Heroin) was found. On completion of investigation, appellants were charge-sheeted for commission of above mentioned offences.