S.B.SINHA, DALVEER BHANDARI
Ritesh Chakarvarti – Appellant
Versus
State of M. P. – Respondent
Sinha, J. -- 1. Leave granted.
2. This appeal is directed against a judgment and order dated 24.1.2006 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No. 484 of 2001 affirming the judgment of conviction and sentence dated 3.4.2001 passed by the Special Judge, Indore in Special Case No. 44 of 2000 under section 8 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act").
3. One Sabiha Khatun, an Inspector in Central Bureau of Narcotics (Bureau) received an information from an informer on 2.8.2000 that a person would carry around 1.5 kg. of opium from Indore to Mhow. The informer allegedly disclosed that the person carrying the contraband would be boarding a bus of Mhow at about 4:00 p.m. at Shivaji Vatika. The information was recorded in writing. S.K. Bajpai, Inspector and PW5 Girwar Puri were witnesses thereto. Shivaji Vatika is almost on the other side of the Bureau. There was a pan shop just in front of the Bureau of which Girish (PW2) was the owner. A raiding team was constituted which included Shri S.K. Bajpai, Inspector (who was then incharge of the office of the Superintendent of Police of the Bureau). Girwar Puri (PW5
1. Jagdish v. State of M.P. [2002(1) Vidhi Bhasvar 129
2. Bhola Ram Kushwaha v. State of M.P. = [2001 (1) BLJ 33
3. Gopal v. State of M,P.[2002(1) JLJ 220
8. Sharad Birdhichand Sarda v. State of Maharashtra = [(1984)4 SCC 116]
9. Kashmira Singh v. State of M.P. = [AIR 1952 SC 159]
4. State of Punjab v. Balbir Singh = [(1994)3 SCC 299])
7. Mousam Singha Roy and others v. State of West Bengal = [(2003)12 SCC 377]
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