SHAIKH BILAL HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) APPELLANT/accused has filed this appeal against the judgment and order dated 12-11-97, in Special Case No. 14/97, passed by the learned Special Judge, NDPS Act, Ujjain of his conviction and sentence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act (for short 'ndps Act') for 10 years' RI with fine of Rs. 1 lac and in default further RI for 2 years.

(2.) PROSECUTION case is that P. K. Sharma (P. W. 3), Sub Inspector, Central Narcotic Bureau, Ratlam received the information on 4-12-96 at about 7. 45 p. m. by the approver on telephone that the accused carrying heroin is coming from Gujarat to Ratlam and the information was recorded in memo (Ex. P-3) and he went alongwith raiding party to the Railway Station, Ratlam where on platform No. 4 the accused was found standing near the bathroom. P. K. Sharma (P. W. 3) informed him that he is suspected as carrying the contraband and he has a right to get himself searched in presence of the nearest Magistrate or the Gazetted Officer and the accused stated that he should be searched before the Gazetted Officer. P. K. Sharma (P. W, 3) prepared memo (Ex. P-1) and S. K. Khandelwal (P. W. 1), District Opium Officer was called by him and before him and the Panch witnesses Ganeshlal (P. W. 6) and Suresh (P. W. 7) the personal search of the accused was made and a packet from his underwear was seized in which there was heroin weighing 500 gms.

(3.) P. K. Sharma (P. W. 3) has drawn two samples of 5-5 gms. of heroin and two packets along with the seized heroin were sealed by him and on the seizure memo (Ex. P-2) signatures were taken of the accused and the witnesses. The 'muddemal' and the accused were taken to the District Opium Officer, Jaora and the FIR (Ex. P-8) was registered against the accused. The 'muddemal' was kept in the safe custody by the District Excise Officer and the information regarding arrest of the accused was sent to the higher authority. The sample packet was sent for chemical analysis at Neemuch where Mohan Kumar (P. W. 9), Assistant Chemical Examiner conducted the examination and indicated in his report (Ex. P-3) that the substance was Psychotropic drug known as heroin. The investigation of the case was done by the Inspector CBN Ashok Kumar Gupta (P. W. 8) and after usual investigation, charge-sheet was filed against the accused in the Special Court, NDPS Act, Ujjain on 21-2-97 for offence punishable under Section 8/21 of the NDPS Act.