JUDGEMENT
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(1.)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. 738 and 772 of 2000 whereby the High Court dismissed the appeals filed by the appellants herein and confirmed the order of conviction and sentence dated 04.10.2000 passed by the Special Judge, Narcotic Drugs & Psychotropic Substances Act, Guna (M.P.) in Special Case No. 7 of 1998 by which they were convicted 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.
(2.)Brief facts:
(a) 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 connection with Crime No. 151 of 1998 registered under Sections 302 and 201 of IPC. In the process of searching, when they came to Khatkya Tiraha, they saw that one Maruti Car was coming from the side of Beenaganj. When they tried to stop that car, the driver tried to run away but they stopped the car and found three persons sitting in it. On being asked about their names, they informed their names as Pramod, Suresh and Dinesh @ Pappu.
(b) Under suspicious circumstances, Panchas Shri Lal and Rup Singh were called from the 'Tiraha' and consent of all those persons was sought for their personal search and they gave their consent. After conducting the search, Panchnama was prepared. During search, they found that each of the appellants was having polythene bag in their possession which contained white colour substance and on its physical test, it was found "opium". The SDO (P), Radhogarh was informed about the incident. On weighing, all the three bags were contained 825 gms, 820 gms and 800 gms of "Opium". Samples of 25 gms were taken separately from each of the packets and the contents were sealed. Thereafter, the vehicle was also searched and inside the front mudguard, six packets of polythene bag containing 'opium' were also recovered weighing 810 gms, 820 gms, 690 gms, 820 gms, 800 gms and 615 gms respectively. Sample of 25 gms. from each of them were also taken and sealed. Thus, a total of 7 kg. Opium valued at Rs.1,03,575/- was seized from the appellants and they were arrested.
(c) Thereafter, along with the appellants and seized articles, the police party came to Kumbhraj Police Station and FIR being Crime Case No. 165/1998 was registered against them under Section 8 read with Section 18 of the NDPS Act. 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. After trial, the Special Judge, by order dated 04.10.2000, convicted 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.
(d) Against the said order of conviction and sentence, Suresh and Pramod preferred appeal being Criminal Appeal No. 738 of 2000 and Dinesh preferred Criminal Appeal No. 772 of 2000 before the High Court. By common impugned judgment dated 23.08.2007, the High Court dismissed both the appeals.
(e) Aggrieved by the said judgment, the appellants have filed this appeal by way of special leave.
(3.)Heard Dr. J.N. Dubey, learned senior counsel for the appellants and Mr. C.D. Singh, learned counsel for the respondent-State.