ANIL Vs. UNION OF INDIA

JUDGEMENT

(1.) INSTANT appeals arise out of the judgment dated November 22, 2001 of the learned Special Judge, NDPS Cases Chittorgarh rendered in Sessions cases No. 7/98, whereby each of the appellants were convicted and sentenced under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `ndps Act') to undergo rigorous imprisonment for ten years and fine of Rs. one lac in default to further undergo imprisonment for one year.

(2.) THE prosecution story as woven is like this Devi Lal Inspector Central Narcotic Bureau Jhalawar Camp Chittorgarh instituted a complaint against the appellants Anil and Madhu, wherein it was alleged that on November 6, 1997 Madan Lal Meena on receiving a secret information reached at the spot and found four persons sitting in a hut of Madhu. Two of them ran away, but Madhu and Anil were apprehended. THE search was taken and 3. 600gm. and 4. 600gm. Opium was recovered from their possession. Necessary memos were drawn and after usual investigation charge sheet was filed. Charge under Section 8/18 NDPS Act was framed against the appellants, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as eight witnesses. THE appellants in their explanation under Section 313 Cr. P. C. claimed innocence and three witnesses in defence were examined. On hearing the final submissions learned trial judge convicted and sentenced the appellants as indicated above.

(3.) COMING to the facts of the instant case, I find that vide written notice (Ex. P-1) and (Ex. P-2) under Section 50 (1) of the NDPS Act the appellants were informed that they could be searched in the presence of either Magistrate or Gazetted Officer and if the appellants agree they could be searched by the officer himself. The written notice bears signatures of Madhu and Anil. Obviously the appellants were not informed that the Magistrate or Gazetted Officer, if sees no reasonable ground for search, shall discharge the appellants.