AASIF MALIK Vs. STATE OF M P

JUDGEMENT

(1.) ASSAIL is to the judgment dated 15. 11. 2008 passed by special Judge (N. D. P. S.) Khandwa East Nimad in Spl. Case. No. 3/2008 whereby the appellant Aasif Malik has been convicted under Section 8 read with Section 20 (b) (ii) ( (B) of Narcotic Drugs and Psychotropic Substances act, 1985 (in short "ndps" Act) and sentenced to undergo 8 years rigorous imprisonment and fined Rs. 1,00,000/- in default 1 year rigorous imprisonment.

(2.) THE case of prosecution in a nut shell is that on 9. 3. 2008 a secret information was received that the appellant Aasif Malik and co-accused ashfaq Malik having illegal Ganja in their possession in the house of Ashfaq malik situated at Dedhtalie, they are going to sell Ganja to Maharashtra, The information was entered in rojnamcha sanha Ex. P/21. Panch witnesses were called. Entries were made in rojnamcha Ex. P/3. Panch witnesses were apprised of the received information and Panchnama Ex. P/25 was prepared. The provisions of the NDPS Act were complied with. The police party along with panch witnesses started from the police station entry was made vide Ex. P/28. They reached at the house of co-accused Ashfaq Malik who was previously known to the police. Police Party saw co-accused Ashfaq malik running from the spot. The appellant Aasif Malik found on the spot. He was informed about the information received from informer and panchnama Ex. P/5 was prepared. Notice Ex. P/6 u/s 50 of the NDPS Act was served on the appellant. After his consent personal search of the appellant was carried out. Rs. 58,625/- were found on the person of the appellant. Thereafter house of co-accused Ashfaq Malik was searched in presence of the appellant. Panchanama Ex. P/8 was prepared. In corner of the room ganja was found in white coloured plastic bag. Ganja was physically examined and panchnama Ex. P/9 was prepared. Ganga was mixed. On weighing the total weight of ganja was found to be 13 Kgs. 200 gms. Toal Panchanamas ex. P/11 and Ex. P/12 were prepared. Two samples weighing 50 grams each were taken from the ganja separately and sealed. The remaining part of ganja is also scaled. The impression of seal was taken on Ex. P/14. Ganja samples and currency were seized as per seizure memo Ex. P/15.

(3.) THE police party came back to the police station along with the appellant and seized contraband article. Seized ganja samples and currency were handed over to Head constable Moharir Bhagirath Patel (PW 6), who kept the same in Malkhana vide Ex. P/18. FIR Ex. P/31 was lodged. Detailed information was sent to S. D. O. P. Nepanagar vide Ex. P/32. Samples were sent to FSL Sagar for chemical analysis. As per analyst report Ex. P/34 seized article was found to be ganja. Spot map Ex. P/29 was prepared. Statement of witnesses were recorded u/s 161 Cr. P. C. Co-accused Ashfaq Malik absconded. After completion, of investigation the appellant and co-accused ashfaq Malik were charge sheeted.