ABDUL SATTAR Vs. STATE OF M.P

JUDGEMENT

(1.) This appeal under Section 374 Cr.P.C. is directed against the judgment dated 12.03.2013 passed in Special Sessions Trial No.143/2006 (State of M.P., Vs. Abdul Sattar and another) by the Special Judge, (N.D.P.S.) Mandsaur, District Mandsaur.

(2.) As per prosecution case; on 16.10.2006 a secret information was received by the then Assistant Sub Inspector, Chandrashekhar Upadhya (P.W.7) about 07.30 pm to the effect that appellant Sattar having possession of illegal opium may go from Bajkhedi Phante to Sitamau through unpaved road (kachhi rasta) on foot wherefrom by taking any kind of transportation shall go towards Ratlam to deliver the said contraband to someone at Ratlam. On such information, Roznamcha (exhibit P/1) was prepared and deputed two independent witnesses alongwith police force by informing the details of information received therefor. Since search has to be conducted immediately, absence of search warrant has been prepared vide panchnama exhibit P/2 and to make arrangements for presence of panch witnesses.

(3.) After completion of investigation, charge sheet was filed against the accused persons before the concerned Court.