BHANWARLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All these three appeals have arisen out of judgment dated 29.11.2014 passed in Special Case No.1/2011 by Special Judge, NDPS Act, Neemuch, whereby the learned trial Court has convicted the appellants u/S 8/18(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced them to undergo 10-10 years RI with fine of Rs.1-1,00,000/- and in default of payment of fine further to undergo 1-1 year RI.

(2.) Facts in brief are that on 24.10.2010, ASI of Police Station Jeeran, Suresh Babu Sharma received information through constable Shivraj Singh of Police Station Neemuch Cant that Bhanwarlal, Heeralal and Kanhayilal (all appellants) are going from Chotisadi Rajasthan to Pratap Garh Rajasthan via Mataji Road Chitakhedi by Hero Honda CD Deluxe motorcycle having no number plate to deliver opium to some smugglers and by barricading Avarimata Road, they can be nabbed. The information was entered in daily diary (roznamchasana). Head Constable Nandsingh Chandrawat was asked to call two independent witnesses from the nearby town, who came back with Shakir Husain and Anil. They both were informed about the information and the action was taken on record in the form of memo of such information. There was no time to obtain search warrant due to paucity of time. A Panchnama was prepared in this regard. Constable Neeraj Raj Vaidhya was sent to inform Senior Police Officers. ASI Suresh Babu Sharma collected the force available at police station and with all paraphernalia like weights, seal and other necessary papers and materials, left the police station with office jeep number MP-03-2556 to Awari Mata Road, where they hid the jeep in the shed and laid a trap near farmland of Ramesh Kalbeliya.

(3.) After waiting for 15-20 minutes, they noticed a motor cycle as with three riders and without number plate. They stopped them and asked their name, who revealed that they were Heeralal, Kanhayilal and Bhanwarlal (the appellants). A.S.I. Suresh Babu Sharma informed them about the information received by him regarding contraband and that if they wish their search can be taken before any Gazetted Officer or Magistrate. They all consented for the proposed search to be taken by ASI Suresh Babu Sharma himself.