IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH ON THE 13^th OF FEBRUARY, 2026 CRIMINAL APPEAL No. 11535 of 2022 NILESH KUMAR JAIN Versus THE STATE OF MADHYA PRADESH ----------------------------------------------------------------------------------------------------

Appearance:

Shri Vivek Singh- learned Sr. Advocate assisted by Shri Lucky Jain - Advocate for the appellant.

Shri Jayesh Yadav – Govt. Advocate for the respondent/State.

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Reserved on : 14.10.2025 Pronounced on : 13.02.2026 ----------------------------------------------------------------------------------------------------

JUDGMENT

This criminal appeal under Section 374 of the Cr.P.C., 1973 is preferred being aggrieved by the judgment dated 30.11.2022 in SPL(NDPS) Case No.200041/2003 passed by Special Judge appointed under Section 36(2) of NDPS Act, 1985 for Special Court, Ratlam (M.P.) whereby the appellant/accused has been convicted under Section 25 r/w Section 15(c) of the NDPS Act, 1985 and has been sentenced to undergo 10 years R.I. with fine of Rs.1,00,000/-

with default stipulations of 1 year R.I.

2. The appellant/accused Nilesh Kumar Jain was put to trial under Section 25 of NDPS Act, 1985 regarding incident dated 25.09.2003 occurred at about 12:10 PM at Mahu - Neemuch Highway within the territorial jurisdiction of P.S. Namli (M.P.) wherein, co-accused Omprakash was found transporting the contraband (Poppy Straw) of 2560 Kg through Truck bearing Vehicle No. MP-09-K-6330 without license and that truck was of the ownership of the appellant/accused and appellant knowingly permitted the transportation of above contraband and Crime No.222/2003 was registered at P.S. Namli, Ratlam.

FACTS OF THE CASE

3. To unravel the exactitude of occurrence, it is expedient to enter into the facts of the case, which would surely navigate the path to dispense justice. Suffice it to say that the Assistant Sub-Inspector R.D. Pandey posted at police station Namli, district Ratlam (M.P.) received secret information that a Mini Truck bearing Vehicle No.MP-09-K- 6330 is expected to reach at Mahu – Neemuch Highway containing poppy straw. A.S.I. R.P. Pandey recorded the information at Rojnamchasana No.1221 on 25.09.2003. Due to paucity of time, it was not possible to obtain a search warrant and, accordingly, a panchnama (Ex.P-7) was prepared at 12:45 of 25.09.2003. About 13.15 PM of 25.09.2003, a truck Vehicle No. MP-09-K-6330 coming from Jaora was intercepted and panchnama (Ex.P-8) was prepared. The person who was driving the vehicle was Omprakash s/o Babulal, aged about 24 years r/o Daloda behind Shiv Temple. He was informed about the contraband in truck and for this purpose, the requirement of search of the vehicle and he was given an option of search either before Magistrate or A.S.I R.P. Pandey. Driver Omprakash communicated the consent of search to be taken by R.P. Pandey and a panchnama (Ex.P-9) was prepared. At 13:20 PM on 25.09.2003, ASI R.D. Pandey gave his search to Omprakash and nothing incriminating was found and for that, panchnama (Ex.P-10) was prepared. Body of Omprakash was searched and nothing incriminated was found and panchnama (Ex.P-11) was prepared.

4. Thereafter, search of truck bearing Vehicle No.MP-09-K-6330 was conducted and (Ex.P-12) was prepared. In the said truck jute bags were opened and poppy straw were found in the truck and panchnama (Ex.P-13) was prepared. A panchnama (Ex.P-14) was prepared regarding the accuracy of weight machine brought from the Namli. A total 64 bags were found in the truck Vehicle bearing No.MP-09-K- 6330 in which 48 bags were of jute and 16 bags were of plastic and each containing 41-41 kg of poppy straw. From each bag a 50-50 gms samples were taken for chemical examination and bags were marked as A-1 and A-2 to BL-1 to BL-2 and panchanama (Ex.P-15) was prepared. Panchnama (Ex.P-16 to P-19) were also prepa