ABID KHAN Vs. STATE OF M P

JUDGEMENT

(1.) In this appeal, the appellant has called in question the legality and validity of conviction imposed upon him under Section 20(b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and award of sentence or R.I. for one year and fine of Rs.2,000.

(2.) The facts of the case are that a search was made at about 5 p.m. on 10.12.1992 of the appellant by Sub Inspector N.S. Choubey, who is also first informant and in the said search, the appellant was found in possession of 1 kg of Ganja. FIR (Ex.P6) was registered and after obtaining report of the chemical examination, charge-sheet was filed.

(3.) PW1 Jhaduram is the witness of seizure memo. After admitting his signature on the seizure memo, he has turned hostile. Similar is the fate of PW2 Kuleshar Das, who is the witness of Ex. P1 and Ex. P3.