Ved Prakash Sharma, J. - (1.)This Criminal Appeal is directed against judgment and order dated 24.11.2007, whereby and whereunder appellant Badri singh has been found guilty under Section 8/15(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and has been sentenced to undergo RI for 15 years and to pay a fine of Rs.1,50,000/- with a further stipulation of two years RI in case of default in payment of fine.
(2.)Prosecution story as having emerged during trial, briefly stated, is that on 14.04.2016 Doulatram Jogawat (P.W.5), the then Assistant Sub-Inspector, Police Station Badod, District Shajapur received a secret information from the informer that one Badri Singh S/o Uday Singh Rajput, r/o Village Dhodar, is having in his possession 32-40 plastic bags of poppy husk, which is likely to be delivered to some person. Doulatram Jogawat (P.W.5) entered this information at 10.40 a.m. in the daily diary at Sl. No.489. He further prepared a memorandum (Ex.P/19) and in compliance of Section 42 of 'the Act' forwarded a copy thereof through Constable Ramchandra (P.W.6) to S.D.O.P., Agar. Apprehending that if immediate action is not taken, the concerned person may escape with the contraband. Doulatram Jogawat (P.W.5) summoned two "Panch" witnesses namely, Vikram Singh (P.W.1) and Rodulal (P.W.2) and proceeded along with police force to lay a trap at village Dhodar. On reaching the spot, Doulatram Jogawat (P.W.5) found a person of given description covering some plastic bags lying in front of a house with a polythene cover. On interrogation, appellant Badri Singh disclosed his name. Thereafter, Doulatram Jogawat (P.W.5) informed the appellant that he has received secret information with regard to contraband poppy husk being kept in the plastic bags, therefore, he would like to go for a search. He further apprised appellant Badri Singh that if he wants he can get himself searched before a gazetted officer or a Magistrate. On a consent being given by the appellant, Doulatram Jogawat (P.W.5) after complying with usual formalities searched the plastic bags. He found leaves, buds and fruit tops etc. of opium poppy lying inside the bags. On physical examination, it was revealed that the same is poppy straw. The contraband kept in 35 plastic bags was put to weighment which came to 450 kilograms. Two samples of 250 grams each were drawn from the contraband after mixing the same. The samples were marked as B/1 & B/2, while 35 bags were marked as A/1 to A/35. The contraband was seized, vide seizure memo Ex.P/11. The appellant after being apprised about the grounds of arrest, was arrested, vide arrest memo Ex.P/12. The contraband was brought to Police Station Bhador in a tractor trolley belonging to one Badri Singh (P.W.11) and was handed over to the "Malkhana" clerk. A First Information Report in this regard was registered against the appellant. Investigation ensued. During investigation, Devendra Singh Rathor, the then SHO, Police Station Bhador prepared spot map (Ex.P/23). One of the samples was sent, vide Ex.P/2-A to Regional Forensic Laboratory, Indore. The Assistant Chemical Examiner of the Laboratory, vide report Ex.P/26, opined that the material lying in the packet is poppy straw. The witnesses were interrogated. Necessary evidence with regard to ownership of place of recovery was collected from village Patwari Shankarlal (P.W.9) as well as Panchayat Secretary Anil Chouhan (P.W.10). Appellant Badrilal on interrogation allegedly, revealed that he had purchased the contraband for Rs.4,000/- from one Raju Singh. On the basis of the information supplied by the appellant, vide memo Ex.P/19. A pair of bullocks and bullock cart said to have been used for transporting contraband was recovered from his possession, vide seizure memo Ex.P/14. A detailed report (Ex.P/17) with regard to arrest, search and seizure were sent to S.D.O.P., Agar. After usual investigation, the charge-sheet was laid against the appellant before the competent Court.
(3.)The appellant on being charged for offence under Section 8/15(C) of 'the Act' abjured the guilt and pleading innocence claimed to be tried. The prosecution in order to bring home the charge examined as many as 12 witnesses including Doulatram Jogawat (P.W.5), who, allegedly, laid the trap. Rodulal (P.W.2) and Vikram Singh (P.W.1) are said to be the "Panch" witnesses while Devendra Singh Rathore (P.W.8) has conducted the investigation. Apart this, documents Ex.P/1 to P/54 were also marked in evidence.