NARMADA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) The appellant being aggrieved by the judgment dated 24-8-2000 passed in Special Case No. 103 of 1998 by the learned Special Judge (NDPS Act), Sarguja (M.P.), convicting the appellant for the offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing him to undergo RI. for two years and pay fine of Rs. 1,000/-, in default of payment of fine, to undergo six months further RI. has filed this appeal.

(2.) The prosecution case in brief is that Jagdish Singh Bhadoriya (PW 6) posted at Police Station Mahendragarh on receiving the information on 15-5-1998 that somebody was coming with contraband Ganja, went to the spot with Head Constable 941 Ganpat Pandey and Constable No. 899 Suresh Kumar to Fabbara Chowk. At about 5.45 on coming accused was seen and after the informer raised his fingers towards the accused the accused was apprehended, a notice under Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 was given to him and after seeking the consent of the accused to be searched by PW 6 Jagdish Singh Bhadoriya, a search was conducted in which about 400 grams of Ganja was recovered from the possession of the accused. The said Ganja was weighed on the spot two samples were drawn from the contraband and were properly sealed. The accused was brought to the police station where the First Information Report was recorded the contraband and samples were given to Police Station Maharrir for being kept in safe custody. The samples were sent for their chemical analysis. On completion of investigation, a challan in accordance with law, was submitted by the police agency against the accused in the competent Court.

(3.) After recording the evidence and hearing the parties, the learned Trial Court convicted the accused and sentenced him accordingly.