DEEWANPURI Vs. STATE OF M.P.

JUDGEMENT

(1.) On 26/04/2018, neither the counsel was present nor the appellant was present. Accordingly, a detailed order was passed by this Court on 26/04/2018 and after considering the fact that the appellant has misused the liberty granted to him and is not appearing before this Court after release on bail, this Court after going through the record, heard the counsel for the State and the case was reserved for judgment. This Criminal Appeal under section 374 of CrPC, 1973 has been filed against the judgment and sentence dated 03/05/2003 passed by Special Judge (NDPS Act), Gwalior in Special Sessions Trial No. 16/2002, by which the appellant has been convicted under Section 8/20(1)(b)(B) of the Narcotic Drugs and Psychotropic Substances Act [in short '' NDPS Act''] and has been sentenced to undergo the rigorous imprisonment of three years and a fine of Rs. 10,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that on 31/10/2001, D. S. Kushwah (PW8) who was posted as SHO, Police Station Gwalior received an information from an informer that one person has alighted from a truck at Malhagarh Tiraha, AB Road and is in possession of ganja and is going towards Char Sahar Naka. The SHO, Police Station Gwalior informed Head Constable Ravindra Kushwah (PW5) and Constable Brajendra Singh Sengar (PW10) about the information received from an informer and prepared a Panchnama ExP10. An entry was made in Rojnamchasahna Ex.P11 and the Panchnama of such information was sent to the Senior Officer, CSP, Gwalior through Constable Naresh. (PW3). Constable Sultan (PW9) was sent for summoning the independent witnesses and accordingly, Ballu and Biswambar came to the police station. Thereafter, the SHO, Police Station Gwalior along with police force as well as the independent witnesses went towards Char Sahar Naka along with investigation kit. They found that one person was coming with a plastic bag on his head. He was stopped and enquiry was made and the appellant informed his name as Deewanpuri, resident of Sikrothi Kamath, Police Station Banmore. The appellant was informed about the information received from the informer and an option was given to him that in case if he wants, then can get himself searched by an Executive Magistrate or CSP but the appellant agreed to give his search to the Investigating Officer. Panchnamas Ex.P/1 and Ex.P2 were prepared. The Investigating Officer as well as the witnesses gave their search to the appellant and nothing objectionable was found and Panchnamas Ex.P3 and ExP4 were prepared. Thereafter, the appellant was searched and one bag from his possession was found and on identification, it was found that the contraband was ganja. The Pachnamas Ex.P5 and ExP6 were prepared and seizure memo Ex.P19 was prepared. The contraband was weighed and total weight of ganja was found to be four and half kilograms. The ganja was sealed on the spot. Prior to that, two samples of 50 grams each were taken out which were also sealed. Thereafter, the appellant was arrested and brought back to the police station and Crime No.474/2002 was registered for offence under Section 8/20 of the NDPS Act and FIR Ex.P14 was lodged. The seized contraband samples were handed over to the Sub-Inspector R.S. Sengar (PW12) who was incharge of Malkhana of Police Station Gwalior. Entry at Serial No. 404 of Malkhana register was made. Report with regard to complete proceedings Ex.P15 was sent to the CSP, Gwalior and seized samples were sent to FSL, Gwalior. The FSL report is ExP15 (it appears that by mistake the trial Court has marked two documents as Ex.P15, therefore, for clarity, the FSL report is being referred as Ex.P15-A although it has been marked as Ex.P15 by the trial Court). The spot map was prepared by Town Inspector Dhirendra Kumar Bajpai (PW11) and statements of the witnesses were recorded and after concluding the investigation, the police filed charge sheet against the appellant. The trial Court by order dated 28/12/2002 framed charge under Section 8/20 (1)(B)(b) of the NDPS Act.

(3.) The appellant abjured his guilt and pleaded guilty.