- (1.) Appellants faced trial for alleged commission of offences punishable under Section 8 read with Section 20-B(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act'). Each was found guilty and sentenced to undergo imprisonment for 3 years and to pay a fine of Rs. 2,000/- with default stipulation by the learned Special Judge (NDPS) Bhopal. The conviction and sentence were maintained by the High Court of Madhya Pradesh at Jabalpur by the impugned judgment.
(2.) Background facts as projected by the prosecution during trial are as follows: On 31-3-2001, while Inspector Ajay Singh Bisen (PW-10) was on duty at G.R.P. Police Station, Bhopal, he received an information that two persons had got down from Madhya Pradesh Express and were waiting at platform No. 2 for Coolie with suitcases and bags in which they were carrying contraband article (Ganja). This information was recorded by him (Ex. P-25) and thereafter, he proceeded with his staff to the place as per the information received by him. He found the appellants standing with the suitcases and bags. On search of the suitcase of appellant No. 1 Rajendra, he found 23 kilograms of "Ganja" therein, which was seized. Likewise, on the search of the bag of appellant No. 2 Kalicharan he found 17 kilograms of "Ganja" therein, which was also seized. PW-10 prepared the seizure memos (Exhs. P-5 and P-8 respectively). He took samples of 25 grams each and sealed the same. The sample Panchnama is Exh. P-7. The seized articles were kept in sealed condition in the Malkhana. PW-10 had sent the sealed samples with specimen of seal to the Forensic Science Laboratory, Sagar vide Exh. P-23 on 12-4-2001 and the report of the laboratory is Exh. P-29. PW-10 sent the full report of the search and seizure to the senior railway police as per Exh. P-28, dated 1-4-2001. K. Barsaiya (PW-3) was posted as Malkhana Moharrir in the Police Station, Government Railway Police, Bhopal and on 31-3-2001, the seized "Ganja" and the sample packets along with the suitcase and bag which were seized from the appellants were deposited by him in the Malkhana in a sealed condition.
(3.) Placing reliance on the evidence adduced, the trial Court recorded conviction and imposed sentence as noted supra. Appeal before the High Court did not bring any relief.;