HAJARILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has knocked the door of this Court by preferring an appeal under section 374(2) of the Code of Criminal Procedure, 1973 assailing judgment of conviction and order of sentence dated 25 -1 -2002 passed by Special Judge (N.D.P.S.), Bhopal in Special Case No. 17 of 2001 convicting appellant under section 8 read with section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act') and sentencing him to suffer rigorous imprisonment of ten years and fine of Rs. 1,00,000/ - .

(2.) FACTS shorn of unnecessary details lie in narrow compass. On 18 -2 -2001 an informant gave information at Police Station Hanumanganj that three persons are standing nearby betel shop of one Soni which is located behind Bus Stand. According to the informant these persons came from Rajasthan and are carrying Brown Sugar. This information was reduced in writing in Roznamcha and requisite information as per the law was sent to C.S.P. Thereafter Station Officer Incharge proceeded to the spot and found that three persons were standing nearby betel shop and on being asked their names by Station Officer Incharge they named themselves to be Hajarilal, Babulal and Gulab Chand. Station Officer Incharge gave notice that he is having information that they are having contraband article and, therefore, they may give their search either before Gazetted Officer or Magistrate or they may allow their search by the Station Officer Incharge himself. Those three persons accepted to give their search to the Station Officer Incharge. When the search of appellant was made, beneath his undergarments which was kept in a bag, contraband article appearing to be Brown Sugar was found. Thereafter one Aamir Khan was called and contraband article was weighed and which was found to be 675 grams. One more packet was also seized in which 170 grams of Brown Sugar was found. In total 845 grams Brown Sugar was seized. Out of the bulk of contraband article, two samples of 50 grams each were taken out and they were sealed at the spot.

(3.) THE investigating agency thereafter submitted the charge -sheet in the Special Court which on examining the charge -sheet, framed charge punishable under section 8 read with section 21 of the Act. Needless to emphasise appellant refuted the charge and requested for trial.