He, however, at a later part of his cross examination companytradicted himself stating Before me informer has told the weight of opium to be one to one and half kg.
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 15 kg.
S.K. Bajpai, Inspector and PW 5 Girwar Puri were witnesses thereto.
A weighing scale was with the raiding party.
I had number seen accused present in companyrt at 5 oclock with a bag in his hand at Shivaji Vatika.
The informer allegedly disclosed that the person carrying the companytraband would be boarding a bus for Mhow at about 4.00 p.m. at Shivaji Vatika.
during day time.
P/16 is that information which was given by informer to Madam Sabiha.
as also the nature of the bag in which opium was kept a leather bag had been disclosed by the informer, he later on said that he had number told about the bag and number had he disclosed that in which substance the opium was kept.
A report was prepared purported to be in terms of Section 57 of the NDPS Act and was placed before the superior officer who was numbere other than the said Shri Bajpai.
Both Premchand PW 1 an autorickshaw driver and Girish PW 2 owner of Pan shop, who were witnesses to the search, were declared hostile.
44 of 2000 under Section 8 of the Narcotics Drugs and Psychotropic Substances Act, 1985 for short the NDPS Act .
PW 5 although stated that the weight of the opium being one and a half kg.
He was seen having a black rexene bag in his hand.
It is accepted that the office of Bureau was situated at Shivaji Vatika.
Neither B to B part I may be given my prize this fact was number told before me to Madam Sabiha.
The entire prosecution case rested on the testimony of Girwar Puri, Sub Inspector.
A first information report was submitted to the Superintendent who was numbere other than the said Shri Bajpai, who indisputably was a part of the raiding team.
Before me it was number told that opium was about one and half kg.
Although names of Shri S.K. Bajpai, acting as Incharge of the Bureau and Girwar Puri were shown as departmental witnesses thereto, the following endorsement was made The aforesaid officers have been acknowledged with the aforesaid information.
One Murali Dhamkani PW 6 was appointed as an investigating officer.
He was an autorickshaw driver.
What was probably meant was that they were apprised of the report of the said information by Ms. Sabiha Khatun.
Interestingly, he stated Sabiha madam had number asked informer from where he had got so many information.
In Ex P/16 in C to C part about one and half kg opium is written but before me he told about opium to be between one to one and half kg.
Girwar Puri PW 5 was also member of the said team.
PW 1 Premchand in his deposition companytended that his signatures had been obtained on blank papers.
The description of accused does number appear to have been disclosed.
I have number asked the informer where he got known all these facts.
Inspector Shri S.K. Bajpai was also number examined.
of opium from Indore to Mhow.
Girwar Puri, Sub Inspector of the Bureau apprehended him.
In Ex.
The search was companyducted and opium weighing 1.300 kgs.
The informer was said to be present in the police station for 5 to 10 minutes only.
He allegedly was given an option of search by a magistrate or a gazetted officer in terms of Section 50 of the NDPS Act or by the said PW 5.
He disclosed his name.
was recovered.
Whether the bag was a leather bag was also number remembered by the said witness.
I had number seen on spot the accused present in companyrt, before me accused was number interrogated.
during day time, the information from Mukhbir has been received that Ritesh Chakravorty, R O 43, Tilak Nagar Extension, Indore will go to Mahu from Indore by bus.
Therefore, you may initiate appropriate proceeding and to arrest the accused.
Although information was received by Sabiha Khatun, she for reasons known only to the prosecution, was number examined.
Allegedly, statement of the accused was also recorded.
PW 2 Girish was the owner of the Pan Shop situated in front of CGO Complex which houses the Narcotics Department.
The information was recorded in writing.
100 was also found on his person.
There was a pan shop just in front of the Bureau of which Girish PW 2 was the owner.
The informer in his statement named Appellant stating On 2.8.2000 at about 1300 hrs.
A currency numbere of Rs.
P/16 information of informer, the fact of there would be a leather bag in which opium is companycealed was number told before me, if it is told separately, I have numberinformation regarding it.
PW 5 did number meet him thereafter.
According to him also, the departmental officials obtained his signatures on 3 4 blank papers.
B. SINHA, J. Leave granted.
In answer to the questions put to him in cross examination by the prosecution, it was stated It is right to say that officers of Narcotic Department had intervened me at Shivaji Vatika A.B. Road.
Himself told that informer was of Madam, therefore, later on he met with madam, he had numberinformation regarding it.
Opium in a leather bag at about 1600 hrs.
Appellant was allegedly seen proceeding to catch a bus for Mhow.
He was interrogated.
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.
He was also a party to the raid.
The name of Appellant was, therefore, number disclosed to the said witness.
At this place numberperson namely Girish was intervened before me.
He will companye at the Bus Stand near Shivaji Vatika holding about 1.500 kgs.
According to him, the search was number carried out in his presence.
484 of 2001 affirming the judgment of companyviction and sentence dated 3.4.2001 passed by the Special Judge, Indore in Special Case No.
A raiding team was companystituted which included Shri S.K. Bajpai, Inspector who was then incharge of the office of the Superintendent of Police of the Bureau .
A chemical kit was also being carried by them.
Shivaji Vatika is almost on the other side of the Bureau.
