JUDGEMENT

This Criminal Appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the appellant/accused against the impugned judgment of conviction and order of sentence dated 30.09.2023 passed by Special Judge, NDPS Act, Singrauli (Headquarter Baidhan) in Special NDPS Case No.54/2021 (State of M.P. vs. Mangilal Sharma) whereby learned Special Judge has convicted the appellant for commission of offence under Section 8(C) r/w Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') as appellant was found in possession of 20 grams Heroin (contraband). He has been sentenced to undergo rigorous imprisonment for a period of 2 years and 6 months and fine of Rs.3,000/-. In default of payment of fine, he shall undergo further rigorous imprisonment for 4 months.

2. The case of the prosecution, in brief, as per the FIR and documents filed therewith is that Sub Inspector S.K. Dubey (PW/7) posted in Police Station Vindhya Nagar received a secret information that an adult person having long hairs is standing at Dhonti trio junction to sell Heroin (contraband). The information was recorded in general diary (Exhibit P/29). Panch witnesses Karan Singh (PW/1), Rajkumar Shah (PW/2) were summoned and entry thereof was made at (Exhibit P/30) general diary. Secret information panchnama (Exhibit P/2) was prepared and information of the same was forwarded to C.S.P. Shri Amit Dwivedi (PW/8) and in this regard entry was made in Exhibit P/31, said information was received in the office of PW/8 and entry was made in Exhibit P/32 that C.S.P. is not available at the Headquarter. Again information was received that if no strict action is taken, the person concerned may alienate the Heroin, said information was recorded in general diary as Exhibit P/34. Head Constable Munendra Rana (PW/9) was sent to bring electronic weighing machine. He came along with the weighing machine, entry was made as Exhibit P/35. Independent witnesses were made to understand with the information as received and memo was prepared in this regard. Search warrant was not obtained and in this regard a panchnama was prepared.

3. S.K. Dubey (PW/7) along with police personnel and panch witnesses reached on the spot. Accused was found standing there, he was apprehended. On interrogation, he introduced himself as Mangilal Sharma S/o Ramlal Sharma, R/o Daulpura P.S. Javda, District Chittorgarh (Rajasthan). Accused was conveyed with the information about illegal possession of Heroin by him, vide memo (Exhibit P/4). He was made to understand his legal right to be searched before Magistrate or Gazetted Officer. However, he refused to exercise the said right and stated that S.I. Shri S.K. Dubey (PW/7) could conduct the search. Before making search of accused, he was asked to take search of S.K. Dubey (PW/7) and other police staff and independent witnesses. In the search taken by the accused, no objectionable article was seized. Panchnama was prepared. On personal search of accused Mangilal by S.K. Dubey (PW/7), Heroin (contraband) was found kept in a plastic pouch in pocket of his pant. Panchnama (Exhibit P/8 and Exhibit P/9) were prepared. Whole contraband was mixed up properly and panchnama (Exhibit P/10) was prepared. The weight of seized contraband was got done from Pappu @ Premchand Soni, after weighing, total weight of seized contraband was found 20 gram and in this regard panchnama (Exhibit P/12) was prepared. Thereafter, two samples of 2-2 gram each were drawn from the recovered Heroin and were put into 2 separate pouches (polythene bags) and seizure memo was prepared. Samples and contraband were sealed in separate packets. Lock pouches were sealed and marked as Exhibit P/15. Accused was arrested and arrest memo (Exhibit P/16) was prepared. Site map (Exhibit P/21) was also prepared. First information report (Exhibit P/39) was drawn at FIR No.384/2021. Seized contraband along with samples was handed ove