S. B. Sinha, J. - (1.) Union of India is before us aggrieved by and dissatisfied with a judgment and order dated 13.05.2005 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal Nos. 964 and 1108 of 2000.
(2.) The factual matrix involved herein is as under : Sub-Inspector Bajrang Lal posted in the Office of the Central Bureau of Narcotics, Ratlam purported to have obtained a secret information to the effect that the respondent Nos. 1 and 2 herein Bal Mukund and Basanti Lal would be carrying about 20 Kg. of Opium on the next day. A preventive party allegedly was formed pursuant to or in furtherance of the said information. At about 0430 hours on 21.06.1998, they reached Nayapura Phanta on Ratlam Jaora Road. Respondent Nos. 1 and 2 were seen carrying cement gunny bags. They were searched. 10 Kgs. of Opium packed in 5 polythene bag of 2 Kg. each from each of them were said to have been recovered.
(3.) The purported confessions of the respondent Nos. 1 and 2 were recorded on 21.06.1998, unofficial translated version whereof reads as under : "Statement of Respondent No. 1 ...My father is debt ridden to Amritlal Anjana out of Rs. 38000/- out of which Rs. 18000/- has been paid now. Their balance is Rs. 20,000/-. This sum of Rs. 38000/-were given to me by Amritlal Anjana for motor for well and some amount was taken in cash. Amritlal suggested that if I wishes to liquidate my fathers debt then I should away opium and give it to suggested destination. I shall give good wages against it. A sum of Rs. 3000/- were decided for carrying the opium. I came from my village Nandwell to Behpur and Basantilal who is my relative. Both met Amritlal Anjana at 10-00 night at his well Amritlal Anjana by giving 10-000 Kgs each of us with the opium and directly to go on feet towards Nandi. He also said he would be available nearly Nandi Phanta. He said, he would give Rs. 3000/- to each by way of wages when we came on foot by and carrying 10-000 Kgs of opium and reached Nayapura Phatak then Narcotics officers detained us and took our formal search. He found opium in the bag mean for cement weight 10-000 Kgs. Which was seized by Narcotics Deptd. Raltmal and I was detained for carrying illicit opium weight 10-000 Kg. under the office of N.D.P.C. This statement I am giving voluntarily and in full consciousness whether is spoken is underwritten to which I having read and finding it to be correct put my signature. Statement of Respondent No. 2 ...On further interrogation stated that they are opium weighing 10 kg and 10 kg opium from my colleague has been recovered for which on interrogation I state truly that on 20-06-1998 Balmukund came to my village Behpur and said that we have to go to Maukhedi at the residence of Amritlal S/o Raghunath Anajan therefore I alongwith Balmukund proceeded for Behpur come to Maukhedi who Amritlal Anjana and that we should go to his well where I shall give you opium or reached the well Amritlal Anjana gave me in a bag of 10 kg of opium and 10 kg to my colleague Balmukund and we should go on foot on unconstructed road and reached Nanda Phatak where I will be awaiting nearly and collect the opium, we were coming on foot towards Nandi then Narcotics officer took our search then in the bag. I was carrying opium weighing 10 kg. was recovered and 10 kg. of opium was also recovered from my colleagues Balmukund. The opium so recovered was taken into government possession under N.D.P.S. Act, 1985. The statement which I have made is in full consciousness, voluntarily and whatever I stated is only written to which I hearing/ read put my signature.";