HARPRIT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed against judgment dated 17.10.2013 passed in Special Sessions Trial No.26/2010 by the Special Judge (NDPS Act), Neemuch, District Neemcuh. The trial Court has convicted the accused for the offence under section 8/15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced him to suffer 10 years rigorous imprisonment with fine of Rs.1,00,000/- with default stipulation. However, acquitted the co-accused Harprit Singh @ Billa from the charge under sections 8/15(c) in alternate under sections 8/15(c) read with section 29 of the Act. The State has not preferred any appeal against his acquittal under the said charge, therefore, the same has attained finality.

(2.) As per prosecution case; a secret information was received by the then Assistant Sub Inspector, Police Station Jeeran, Neemuch to the effect that on 19.7.2009 about 6.30 am; a Tata Indigo Car bearing registration No.PB-11-AL-2380 carrying huge quantity of dodachura passing through Neemuch towards State of Punjab. On receiving such information, in the presence of panch witnesses Kailash Chandra Bhatt (PW-3) and Vikram Odha (PW-5) had prepared Roznamcha panchnama (exhibit P/5). Since search has to be conducted immediately, absence of search warrant has been prepared vide panchnama exhibit P/6 and to make arrangements for presence of panch witnesses. In compliance of section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985, copies of exhibits P/1 and P/2 were forwarded with a covering letter to the office of Superintendent of Police through Constable Pranav Tiwari (P.W.2).

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