GHASITA SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein challenges his conviction for the offence under Section 8 read with Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") recorded by the Trial Court and confirmed by the High Court.

(3.) On the prior information Arun Pandey (PW6) searched the house of the appellant and found 17.750 Kgs. Of Ganja kept in a gunny bag from one room. Before the search was taken, the Investigation Officer had completed all the formalities as per Section 42 of NDPS Act. At the time of search, the appellant was apprised of the information as also the proposed search and was also given an option to have a search in presence of a Gazetted officer. However, the appellant had not opted such an option and consented that the search by the search party led by Investigating Officer Arun Pandey (PW6). The Ganja (17.750 Kg.) was seized from one of the rooms and after samples were drawn, rest of it was sent to Malkhana for the safe custody. The sample packages were sent to Forensic Science Laboratory wherein it was confirmed that it was Ganja. The investigation having been completed, the appellant was charge-sheeted. The appellant pleaded not guilty. However, relying on the statement of Arun Pandey (PW6) and Shiv Kumar (PW1) as also the documents including the Panchanama, the appellant was found guilty and was convicted of the offences charged. He was directed to undergo Rigorous Imprisonment for a period of five years. He was also directed to pay a fine of Rs.20,000/- in default rigorous imprisonment of one year. This conviction was challenged before the High Court. However, the High Court, after going through the evidence confirmed the conviction and the sentence, necessitating the present appeal.