VIKRAM SINGH SOLANKI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C. has been filed against the judgement of conviction and sentence pronounced by the Special Judge, NDPS Act, Mandsaur on 30.07.2016 in S.S.T. No. 06/2013, whereby charges framed under Section 8/21(C) of the NDPS Act have been found proved against the appellant, who has been sentenced to undergo 10 years RI with fine of Rs. 1,00,000/- and in default of payment of fine, to suffer additional 1 year RI.

(2.) The prosecution story in short was that an information was received at Police Station City Kotwali, District Mandsaur on 13.02.2013 at about 5.00 PM that appellant - Vikram Singh Solanki is standing at Imambada with a packet containing contraband Smack powder. Looking to the fact that there was no time to obtain search warrant, panchnama was executed and Sub-Inspector Sitaram Singh Chouhan, ASI Bhimsingh and other members of his team reached Imambada and found appellant standing with a white colour cloth bag. He was apprised about the information received against him and notice under Section 50 of NDPS Act informing him of his legal right before the Magistrate or Gazetted Officer. Appellant chose to be searched by the police party. Consequently, search was conducted and it was found that he was carrying 260 gms. of Smack powder, which is commercial quantity (more than 250 gms.). Rest of the investigation was thereafter carried out and trial Court examined 14 witnesses and charge-sheet under Section 8/21(C) of NDPS Act was filed.

(3.) Appellant in his appeal has submitted that the proceedings against him are not as per law and he has been framed by the police and that police has not weighed cloth bag containing Smack powder, which if weighed would have yielded total weight of Smack below 250 gms. and in that case, period spent in jail would have sufficed. It has also been stated that independent witnesses of the memorandum have not been examined and that independent witnesses namely, Samarth Ahirwar and Chanda Thakur and other independent witnesses have not supported the prosecution case. Other ground regarding breach of provisions of Section 50 of NDPS Act has been raised.