MOTILAL DAHERIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved of the judgment dated 23/12/2016 passed by the Special Judge under Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"), Seoni, in Special Criminal Case No.05/2013, whereby the present appellant has been convicted under Section 8(C) read with Section 20(b)(ii) (B) of the NDPS Act and sentenced to three years' rigorous imprisonment with fine of Rs.10,000/- with default clause.

(2.) In brief the facts of the case are that on 23.3.2013, present appellant Motilal Daheriya was apprehended by PW-10 Sub Inspector R.A.Dubey, who seized 13.250 kg Canabis (Ganja) from the possession of the present appellant in the presence of the witnesses. The FIR (Ex.P-31) was lodged by the said Sub Inspector PW-10. The charge sheet was filed against the appellant and the learned Judge of the trial Court, after recording the evidence of the parties has convicted the appellant as aforesaid.

(3.) The sole point which has been agitated by the learned counsel for the appellant is that the entire proceedings in the present case have been vitiated on account of the fact the Investigating Officer in the present case viz. R.A.Dubey (PW-10) was the person, who had also lodged the FIR (Ex.P-31). In support of his contention, learned counsel for the appellant has relied upon the recent judgment of the Hon'ble Apex Court in the case of Mohan Lal Vs. State of Punjab in Criminal Appeal No.1880/2011 on 16.8.2018 reported as 2018 SCC OnLine SC 974, as also in the case of Megha Singh Vs. State of Haryana reported in (1996) 11 SCC 709.