RAJENDRA TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 14.2.1995 passed by Additional Sessions Judge, Raipur, in Special Criminal Case No. 189/ 1992 convicting the accused/Appellant for the offence punishable under Section 20B of the Narcotic Drugs and Psychotropic Substance Act (for short the "Act") and sentencing him to undergo rigorous imprisonment for two years and pay fine of Rs. 2000, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Facts of the case in brief are that on 15.6.1992 Sub Inspector Jeevan Nagesh (PW-1) who at the relevant time was working as flying squad in-charge received a secret information to the effect that the accused/Appellant was involved in sale and purchase of ganja by making small packets. Thereafter, the police party proceeded to the house of the accused/Appellant and on the way City Superintendent of Police namely J.P. Dwivedi (PW-2) was also picked up. After reaching the house of the accused/Appellant, his consent for search was obtained vide Ex. P-7 and then his house was searched in presence of two independent witnesses namely Gayaram and Mohanlal from where 1.900 grams and 800 grams of ganja contained in two plastic bags was seized vide Ex. P-l apart from the cash of Rs. 162. Weighment of the contraband was done by J.P. Dwivedi (PW-2) and after personal search of the police people and the accused/Appellant, offence was registered against him. Thereafter, FIR Ex. P-3 was registered and after completion of investigation challan was filed on 3.9.1992 under Section 20 of the Act and FSL report Ex. P-6 dated 5.9.1992 was received thereafter.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined 02 witnesses in support of its case. Statement of the accused/Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.