MOHANLAL Vs. STATE OF M. P.
HIGH COURT OF MADHYA PRADESH
STATE OF M. P.
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Vivek Rusia,J. -
(1.) The appellant has filed the present appeal under Section 374 of Cr.P.C. against the judgment dated 08.01.2019 passed by Special Judge, Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred as " NDPS Act "), Ratlam whereby he has been convicted for the offence punishable under Section 8 read with Section 20 (b) (i) (b) of N.D.P.S. Act and sentenced to undergo 3 year R.I. with a fine of Rs.25,000/- with default stipulation.
(2.) As per prosecution story, near about 12:30 am between 8-9 June 2010 Radheshyam Parmar, Assistant Sub Inspector Police Chowki Salakhedi, Police Station- Bilpank, District Ratlam received secrete information on the telephone that one person is standing near Kashyap Petrol Pump, in front of Krsihi Upaj Mandi, Indore Neemuch Road with Ganja in his bag. The said information was recorded in Rojnamcha No.177 (Ex.P/4). Constable Naveen was sent to bring Panch witnesses and a weighing machine. He returned with the electronic weighing machine belonging to Rakesh Singh Rathore, two Panch witnesses viz Asfaq and Prakash white cloth seal, Chapra and stitching thread etc.. They were informed about the secret information. Since the search warrant could not be obtained, due to the urgency of the suspect being run away from the spot, therefore, Panchnama (Ex.P/5) was prepared and for compliance with Section 42(1)(2) of N.D.P.S. Act a report in a sealed cover was sent to DSC, Ratlam through Constable Rajendra Sharma. A team comprising Head Constable Rauf Khan, Head Constable Bheem Singh, Constable Dinesh Bhadoriya, Constable Dinesh Jat, Constable Nageshwar along with panch witnesses Asfaq and Prakash with weighing machine, Chapdi, Matchbox, Seal, Inkpad, white cloth, stitching material, adhesive, rifle left the police station in a government vehicle bearing registration No. MP-03- 8594.
As per the description given by the informant, one person was found standing in front of Kashyap Petrol Pump in a Grey colour full shirt. In a planned manner he was surrounded and apprehended by the police team. He disclosed his name Mohanlal S/o Bagdiram Gayri, aged about 25 years resident of Village Sarsi. Panchnama (Ex.P/6) was prepared. He was informed about the secret information (Ex. P/7). He was also informed about his constitutional right to be searched in front of a Magistrate or by a Gazetted Officer (Ex.P/8). Appellant gave consent for his search by Radheshyam Parmar, Assistant Sub Inspector (Ex. P/9). Shri Parmar got himself search by Panch witnesses and nothing objectionable was found thereafter IO searched the black colour bag and found material with the pungent smell, branches and leaves in a plastic bag. Panchnama (Ex.P/11) was prepared. Thereafter, it was tested and it was found to be a Ganja. The weight was taken from an electronic weighing machine and it was found 4 kg, 200 gram. The weight panchanama (Ex.P/12) was prepared. Two samples of 50-50 gram were taken and sealed in two plastic bags as article A-1 and A-2 and the rest of Ganja was sealed as Article 'A' in a white colour cloth bag. The appellant was arrested vide Ex.P/16 for the offence punishable under Section 8/20 of N.D.P.S. Act. He was brought to the Police Station along with the police force and arms ammunition etc. A case was registered under 0/40 vide FIR (Ex.P/24). The sealed article was kept in the Malkhana and entry was made in the Malkhana register (Ex. P/3). Police report pertaining to the aforesaid procedure was sent to the Superintendent of Police, Ratlam vide Ex. P/18. Article A-1 was sent to Forensic Science Laboratory, Bhopal through S.P. Ratlam. After examination, Forensic Science Laboratory, Bhopal sent a report (Ex.P./35) and according to which the Ganja was found in article A-1. The appellant has disclosed that he obtained such Ganja from Bairagi, Jaora Bus Stand. Memorandum under Section 27 of the Indian Evidence Act was prepared (Ex.P/37). Spot Map was prepared (Ex.P/38). The statements of the witnesses and member of the raid team were recorded vide Ex. P/17 to P/20. After completion of the investigation, the final charge-sheet was filed under Section 8/20 of N.D.P.S. Act.
(3.) The learned Special Judge has framed the charges against the appellant under Section 8 read with 20 (b) (ii) (b) of N.D.P.S. Act. The appellant denied the charges and pleaded for trial.;
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