ROSHAN SINGH AND OTHERS Vs. STATE OF M.P.
LAWS(MPH)-2004-5-64
HIGH COURT OF MADHYA PRADESH
Decided on May 11,2004

Roshan Singh And Others Appellant
VERSUS
STATE OF M.P. Respondents

JUDGEMENT

S.L. Jain, J. - (1.)APPELLANT Roshan Singh, Radheshyam and Ram Singh stand convicted under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act") and sentenced to R.I. for ten years and fine of Rs. 1,00,000.00 each, in default where of, to further undergo R.I. for three years each, vide impugned judgment and order dated 1 -9 -2001 passed by the Special Judge, Bhopal, in Special Case No. 14/2001.
(2.)THE facts of the case lie within a narrow compass. On 26 -2 -2001 at about 11 P.M. Sub Inspector Dinesh Mishra of Police Station, T.T. Nagar, Bhopal along with head constable Ram Singh, constable Devendra Singh and driver of mobile unit left the police station for patrolling. An entry to the effect was made in Rojnamcha Sanha No. 1849. During patrolling, they were checking the vehicles and suspected robust and scoundrels. At about 5 AM the police party saw the appellants coming from the side of Dayanand Chowk along with bags in their hands. They were accosted and interrogated and were asked to give the search of their bags. At the time of search, Panch witnesses were also called. During search, it was found that each of the three bags contained two packets of some powder having smell of brown sugar. An information to this effect was given to the senior officer. Dr. Harsh Sharma, a Forensic Scientist was called at the spot. Dr. Sharma also examined all the above packets and on preliminary examination, he opined that there is brown sugar in each packet.
(3.)CHHOTE Lai (PW -3) was called along with a balance to weigh the contents of the article found in the bags. The brown sugar was seized from Roshan Singh, Radhe Shyam and Ram Singh as per Ex. P -4, Ex. P -5 and Ex. P -6, respectively. On being weighed, the weight of the brown sugar recovered from Roshan Singh, Radhe Shyam and Ram Singh was found to be 1103 grams, 1051 and 1051 grams respectively. Five grams of brown sugar from each packet was separately seized. The appellants were arrested. Along with the seized articles they were brought to the police station and crime was registered. Seized brown sugar was handed over to Malkhana Incharge for its safe custody and full report mentioning arrest and seizure of articles were sent to S.D.O.P. The aforesaid samples were sent to F.S.L., Sagar. On analysis the seized article was found to be Brown Sugar.
After completion of investigation, a charge sheet was filed against the appellants for the aforesaid offence for which a charge was framed against the appellants.



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