REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1953 OF 2014 RAKESH KUMAR RAGHUVANSHI APPELLANT(S)

VERSUS THE STATE OF MADHYA PRADESH RESPONDENT(S)

O R D E R

1. This appeal arises from the judgment and order dated 7^th May, 2013 passed by the High Court of Madhya Pradesh, Jabalpur Bench at Indore in Crl.A.No.1213 of 1997 by which the High Court dismissed the appeal filed by the appellant herein and thereby affirmed the judgment and order of conviction passed by the Trial Court for the offence punishable under Section 8 read with Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short “the NDPS Act”).

2. The case of the prosecution may be summarized as under:

(i) An ASI officer by name Musharraf Beg lodged an FIR No.713/96 dated 30.12.1996 with the S.H.O., Police Station, G.R.P. Ujjain which reads thus:

Signature Not Verified Digitally signed by RAJNI MUKHI ”Regarding registration of the crime, it is Date: 2025.01.22

19:29:55 IST Reason: submitted that I, ASI M.Beg received information from the informer while attending the duty on 29.12.96 at 22.15 o'clock that a dark complexioned person is traveling in Bhopal Rajkot 1270 up train in the gallery of the bathroom at the last compartment of General Coach, carrying three separate cartoon packets. He is sitting on one of them. This information was entered in General Diary no. 2381 on 29.12.96 and to confirm the information constable Braj Mohan was sent to summon witnesses Rakesh and Prakash and they were made aware of the information received from the informer. The panchnama of the information of the information was prepared. Headquarter of senior officials of Railway Region Indore is in Indore. As per the Information, on the possibility of the alteration of article and for the confirmation of the said information being necessary and looking at the circumstances, the search warrant could not be received whose panchnama has been prepared. Two copies of the panchnama of the information of the informer, in the situation of not receiving the search warrant the copy of the panchnama under section 42 of NDPS Act was sent to Superintendent of Police Railway, Indore through constable Dispatch rider no. 6735 of police station on 29.12.96. As per the information mentioned in General Diary No., reached along with Head Constable Bharat Pandey, Head Constable Pradeep Singh, Constable Brij Mohan Singh with the summoned witnesses, necessary materials Tarazu, baant, seal, shellac etc to the spot at Platform no.1 of railway station, near parcel office, near ver bridge. On the arrival of the train, deputed accompanied force near to the coach and train guard constable 405 Umashankar and 610 Rajendra Singh. Searched the suspect along with the witnesses in the coach No. 91105 and on confirming the features of the suspect before the witnesses and in his sudden attempt to leave the coach, he was stopped with the assistance of accompanying force. He was summoned along with three cartoons he possessed, out of the coach. Since, it will take time on the confirmation of the information and the train stays for the less time. The moment he came out with the luggage out of the train, was asked name and address. He told his name Rakesh son of Shankar Lal resident of Sanwal Kheda, Tehsil and District Hoshangabad. Subsequently also stated that at present he is living in Chhola Naka House No.44, in the house of Kallu at Bhopal and paying the rent of Rs 300/- per month. So, he was informed that he is having the opium poppy husk in three cartoons which he possessed and he is smuggling to sell them. I have to take the search of all three cartoons possessed by you. You could give your search before Magistrate or Gazetted officer or even could be . given before me. You could give your search to anyone. On this, appearing Rakesh gave his consent to give the search to me of which the panchnama of the consent was prepared before the witnesses. Rakesh took the bod