ASHISH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed the present appeal against order dated 30.05.2018 passed in S.T. No.10/14 by Special Judge (NDPS Act), Ujjain whereby the learned special Judge has convicted the appellant under Section 8/21(b) of the NDPS, Act, 1985 and awarded Rigorous Imprisonment of 5 years and fine of Rs.25,000/- and in default further to undergo R.I. of 6 months.

(2.) According to the prosecution case, on 17.08.2014, Sub Inspector of the Police Station Chimanganj received information that Ashiesh S/o Shankar Singh wearing blue jeans and while T-shirt is standing near Idgah, Ujjain with some smack and by taking immediate action, he can be caught. Taking action on the information. and after completing initial proceedings, the police cordoned the spot and noticed a person similar to the description given by the informer. On inquiry, he revealed his name Ashiesh Singh. After following due process, the police searched and recovered 60 grams Smack (Dyacitylene morphine) kept in a transparent plastic pouch from right pocket of his paints. All proceedings, each and every step, pre and post search and recovery like entry of information in the daily diary (Roznamcha), intimation to the senior officers, calling to the panch witnesses, information to the person to be searched about his statutory right of search by gazetted officer of by magistrate, search of police party given to the person to be searched, taking out and sealing samples of the spot etc. were documented on and off the spot (at Police Station). The police took him in custody, registered the crime and after other usual investigation, filed the charge-sheet against him.

(3.) The appellant was charged for the offence under Section Section 8/21(b) of NDPS, Act, 1985. He abjured his guilt and prayed for trial. After the trial, he was held guilty and punished as stated in para 1 above.