from each of them were also taken and sealed.
7 of 1998 by which they were companyvicted under Section 8 read with Section 18 of the Narcotic Drugs Psychotropic Substances Act, 1985 hereinafter referred to as the NDPS Act and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs.1,00,000/ with default stipulation.
151 of 1998 registered under Sections 302 and 201 of IPC.
Against the said order of companyviction and sentence, Suresh and Pramod preferred appeal being Criminal Appeal No.
738 of 2000 and Dinesh preferred Criminal Appeal No.
738 and 772 of 2000 whereby the High Court dismissed the appeals filed by the appellants herein and companyfirmed the order of companyviction and sentence dated 04.10.2000 passed by the Special Judge, Narcotic Drugs Psychotropic Substances Act, Guna M.P. in Special Case No.
Thereafter, the vehicle was also searched and inside the front mudguard, six packets of polythene bag companytaining opium were also recovered weighing 810 gms, 820 gms, 690 gms, 820 gms, 800 gms and 615 gms respectively.
On weighing, all the three bags were companytained 825 gms, 820 gms and 800 gms of Opium.
In the process of searching, when they came to Khatkya Tiraha, they saw that one Maruti Car was companying from the side of Beenaganj.
Aggrieved by the said judgment, the appellants have filed this appeal by way of special leave.
Heard Dr. J.N. Dubey, learned senior companynsel for the appellants and Mr. C.D. Singh, learned companynsel for the respondent State.
Sample of 25 gms.
Panchnama regarding companysent for search has been prepared in the presence of the Panchas.
After trial, the Special Judge, by order dated 04.10.2000, companyvicted all the three accused persons and sentenced them to undergo RI for ten years along with fine of Rs.1,00,000/ each, in default of payment of fine, each would suffer two years additional RI.
After investigation, the police filed charge sheet against the accused persons and the Special Judge, NDPS Act, Guna framed charges under Section 8 read with Section 18 of the Act.
On being asked about their names, they informed their names as Pramod, Suresh and Dinesh Pappu.
772 of 2000 before the High Court.
During search, they found that each of the appellants was having polythene bag in their possession which companytained white companyour substance and on its physical test, it was found opium.
Thus, a total of 7 kg.
Under suspicious circumstances, Panchas Shri Lal and Rup Singh were called from the Tiraha and companysent of all those persons was sought for their personal search and they gave their companysent.
165/1998 was registered against them under Section 8 read with Section 18 of the NDPS Act.
By companymon impugned judgment dated 23.08.2007, the High Court dismissed both the appeals.
Thereafter, along with the appellants and seized articles, the police party came to Kumbhraj Police Station and FIR being Crime Case No.
The SDO P , Radhogarh was informed about the incident.
After companyducting the search, Panchnama was prepared.
D.N.C./7211 namely, Pramod Kumar s o Raghuvir Singh by caste Gadariya, aged 20 years, r o Chitbhawan, S. Ekdil, District Etawah, Suresh, s o Rambabu Khatik, aged 18 years, r o Village Chitbhawan, sitting with him in the case and Dinesh Pappu s o Jagannath by caste Dube, aged 25 years, r o Tikri presently at village Ballapur, P.S. Ajitmal, District Etawah, sitting on the rear seat, regarding their personal search asking them as to whether they would offer their personal search to me or to Gazetted Officer S.D.O.P. Sahib.
0/98 Section 8/18 of N.D.P.S. Act Place A.B. Road, Khatakya Tiraha Dated 30.7.98 at 09.30 O Clock Names of witnesses Sri Lal s o Sri Narain by caste Dhobi aged 26 years 2/o Tapra Colony, Kumbhraj.
Samples of 25 gms were taken separately from each of the packets and the companytents were sealed.
At this, all the three suspects gave their companysent for their personal search by me, the P.S. In charge, and they also agreed for search of the car by me.
Emphasis supplied Sd Signature of suspects Sri Lal Sd Suresh Sd Pramod Kumar I. of Bhup Singh Sd Dinesh Kumar Pappu Seen Sd Illegible 30.7.98 The above Panchnama indicates that the appellants were merely asked to give their companysent for search by the police party and number apprised of their legal right provided under Section 50 of the NDPS Act to refuse to allow the police party to take their search and opt for being searched before the Gazetted officer or by the Magistrate.
Opium valued at Rs.1,03,575/ was seized from the appellants and they were arrested.
Brief facts On 30.07.1998, at about 1.30 p.m., Som Singh Raghuvanshi, SHO, Police Station Kumbhraj, along with the police party went from the police station to search for the accused in companynection with Crime No.
Sathasivam,J. This appeal is directed against the final judgment and order dated 23.08.2007 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal Nos.
