SUBHAN KHAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23.2.2005 passed by Special Judge, NDPS Act Cases, Dholpur in Special Sessions Case No. 126/2002 whereby the accused appellant Subhan Khan S/o Harila was convicted of offences under Sections 8/18 & 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced as under:

(2.) The relevant facts of the case are that on 4.7.2002 at about 9.50 am, PW-13 Babulal, Station House Officer, P.S.-Kotwali, Dholpur was informed by an informant that two persons named Subhan Khan, Thekedar and his salesman Madanlal were illegally possessing and selling Charas, Opium and Ganja at Bhang theka shop situated at Station Road and that in Subhan Khan's rented house also contraband could be found. The SHO, after recording the information in Roznamcha at Rapat 176 and sending a copy thereof to the Superintendent of Police, proceeded alongwith his raid party towards the Bhang theka shop at 11.15 am and found two persons sitting at the shop. The Circle Officer Mania also reached at the spot as per the directions of the Superintendent of Police. In the presence of C.O. Mania, the persons sitting on the shop disclosed their names to be Subhan Khan and Madan Lal and copy of license in the name of his father Harilal for sale and possession of Dodapost (Bhang) was shown by Subhan Khan.

(3.) After informing them both about the secret information and also after giving them the notice of their legal right of search by a Gazetted Officer or Magistrate and obtaining their written consent for search of the shop and house, PW-13 Babulal, SHO gave his own search as well as search of the witnesses. During personal search of Subhan Khan, black solid substance which smelt and tasted like Charas was found in his shirt pocket for which he had no license. Said substance alongwith Polythene bag weighed 100 gms. Out of which two samples of 30 gms each were taken and sealed separately from the remaining which was marked as 'A' and the two samples were marked as 'A1' & 'A2'.