KAMAL SINGH THAKUR Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 6-10-98 passed in Special Case No. 64/98 by the learned Special Judge (N. D. P. S.) Raipur convicting the appellant under Section 20 (b) (1)/8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), sentencing the appellant to undergo R. I. for 4 years and pay fine of Rs. 4000/-, in default of payment of fine to further undergo R. I. for 3 months, the appellant has filed this appeal.

(2.) THE prosecution case in brief is that on 1-1-98 one Head Constable Anand Tiwari posted at Police Station Keshkal received an information that in one Bus No. MP. 23/j-429 certain persons were importing/transporting Ganja from Jagdalpur towards Raipur. The said information was recorded by the said head constable in Sanha No. 9 and thereafter he sent radio message to Sub-Inspector G. S. Keshariya who was on patrolling. After receiving the information the said G. S. Keshariya came back to the Police Station, yet prepared another memo and sent the information to the Superintendent of Police and thereafter with the guards proceeded towards the bus. After laying down a trap the bus was stopped. Thereafter, a notice was given to the driver Bhuvanlal and conductor Radhelal. After obtaining their no objection the bus was searched in presence of panch witnesses namely; Ghasiya and Bhola Prasad. Finding that two persons were sitting with their luggage in the middle row seat with bag and attache, he gave notice to each of them under Section 50 of the Act and after obtaining no objection certificate, he took their search. In the search he could recover contraband from the possession of the present accused Kamal Singh and the other accused persons namely Ram Charan, Mohanlal and Ram Pratap. After the search of the bag and the attache belonging to the accused 5-10 kilogram Ganja was respectively recovered. The weighment panchnama and seizure panchnama were prepared on the spot itself. The samples were drawn and were later on sent for analysis. After his return to the Police Station the said Keshariya recorded the first information report and sent the message to the higher officials. After receiving the analytical report the challan was filed against the accused. After recording the evidence and hearing the parties the learned trial Court convicted and sentenced the accused as referred to above.

(3.) SHRI Singh learned counsel for the appellant submits that as the independent witnesses specially the conductor of the bus P. W. 3 Radhelal has not supported the prosecution therefore, P. W. 6 G. S. Keshariya cannot relied upon. According to him in absence of independent corroboration the statements of P. W. 6 G. S. Keshariya are not sufficient to record the conviction of the accused. While critisizing the evidence of P. W. 6 Keshariya it was contended that the statements made before P. W. 6 were not admissible in evidence as the investigation had already commenced. He also submitted that though a notice under Section 50 of the Act was served upon the accused but as he was not informed that to be searched before a Magistrate First Class or a Gazetted Officer was a right of the accused, it must be held that there was no compliance of Section 50 of the Act.