SHAHID Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 786/2000, Criminal Appeal No. 959/2000 and Criminal Appeal No. 843/2000.

(2.) The prosecution case in brief is that on 20-5-99, Sub- Inspector, S.B. Meshram, was on patrol and during the routine checking, he found a white Ambassador car, bearing No. M.P. 17-B/1664 coming towards the toll-tax check point. The vehicle was stopped and search was taken, in the search contraband ganja was recovered. The occupants of the vehicle when put under interrogation said that they were Shahid, Jagdish and Pramod, the present appellants. Immediately a notice under Section 50 of the N.D.P.S. Act was given to each of the appellants and after obtaining their no objection, further search was taken, contraband ganja was recovered. After seizure, the said ganja was weighed. According to the weighment panchanama, the total quantity of ganja was about 24 kg. Two samples of 30 gms. each were drawn from the said bags and were sealed properly. The accused persons were brought to the police station and investigation went on. After some time, the said samples were sent to the laboratory for analytical report. The Chemical Analyst submitted his report, which shows that the samples were of ganja.

(3.) After concluding the investigation, the challan was filed against the appellants. As the accused persons denied the commission of offence, they were put to trial. The learned Trial Court after recording the evidence of prosecution, granted opportunity for the defence to lead defence evidence and after hearing the parties, recorded findings against each of the appellant, held them guilty for offences punishable under Section 20(b) for possessing, so also under Section 20(b) of the N.D.P.S. Act for transporting the Narcotic Drugs and convicted them.