LAXMINARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 5 84/ 2007 {laxminarayan Versus State of Madhya Pradesh} and Criminal Appeal no. 339/2008 {umashankar Versus State of Madhya Pradesh}.

(2.) EACH of the appellant, being aggrieved by the judgment dated 18. 4. 2007 passed by the Special Judge, R. D. P. S. Act, Neemuch in Special Sessions Trial no. 3/2005 {state of M. P. Versus Laxminarayan and Another} convicting appellant umashankar under Section 8/18-B of Narcotic Drugs and Psychotropic Substances act, 1985 and sentencing him to undergo rigorous imprisonment for ten years and pay a fine of Rs. 1,00,000/-, in default of payment of fine to undergo further rigorous imprisonment for one year and convicting appellant Laxminarayan under Section 8/18-B-29 of the NDPS Act and sentencing him to undergo rigorous imprisonment for ten years and pay a fine of Rs. 1,00^000/-, in default of payment of fine to undergo further rigorous imprisonment for one year, have filed the separate' appeals.

(3.) THE prosecution case in short is that on 2. 9. 2004 Assistant Smb Inspector {police} Shri R. S. Chauhan of Police Chowki Nayagaon received. an information that appellant Laxminarayan and Umashankar were driving unnumbered red colour hero Honda motor-cycle and were carrying contraband opium. After receiving the information, Shri R. S. Chauhan registered the same in the daily diary of the police Station; prepared the Panchnama of the information in presence of Sanjay and Gopal Sharma and immediately thereafter, sent an information under Section 42 of the Act to S. D. O. P Jawad. With the necessary force, witnesses and other. relevant material necessary for investigation, he went to the spot; stopped the motor-cycle, accosted the driver and the pillion rider, Laxminarayan, S/o. Prabhulal dhakad and Umashankar, S/o. Badrilal Dhakad respectively and informed them of his personal information and also apprised them that in accordance with law, such accused persons were entitled to be searched before any Gazetted Officer or a Magistrate.