BHOLA RAM KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) For allegedly being in possession of one gram of brown sugar, the appellant was found guilty and convicted for an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act"). He was sentenced to undergo rigorous imprisonment for 10 years besides paying a fine of Rs. 1 lakh. Appeal filed against the judgment of the trial Court was dismissed by the High Court vide the judgment impugned in this appeal.

(3.) According to the prosecution Shri S.N. Tripathi (PW-4), after having received an information that the appellant was having brown sugar in his pant's pocket, the appellant was caught hold of and searched in presence of the witnesses Raju Khanna (PW-1) and Arjun Kumar (PW-2). Before searching the appellant, PW-4 had telephonically informed his higher officers about the information received by him. After the appellant consented to be searched by PW-4 the recovery of one gram of powder was made from his back pocket in the presence of witnesses PWs-1 and 2. After procedural formalities the prosecution was launched against the appellant. The appellant denied the charge against him and submitted that he was falsely implicated on account of enmity. Solely relying upon the testimony of PW-4 the appellant was convicted and sentenced as noticed earlier. Witnesses Raju Khanna and Arjun Kumar have admittedly not supported the prosecution story.