KARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present appeal is preferred against the impugned judgment of conviction and order of sentence dtd. 22/8/2000 passed by the learned Special Judge, Raipur (C.G.) in Criminal Case No. 116/1999 whereby, the trial court has convicted and sentenced the appellant as under:-

(2.) Brief facts of the case are that on 26/7/1999, Shri B.N. Singh, A.S.I., Police Station- Ambikapur received an information from the informant that appellant/accused was selling brown sugar at Brahmpura, Ambikapur. He recorded the information and sent its copy to Superior Officer and they arranged a party to raid the place. Shri B.N. Singh, A.S.I along with member of raiding party rushed towards the place and caught hold of the appellant/accused. He gave him notice under Sec. 50 of the NDPS Act and made him aware the fact that the appellant/accused can be searched before the Gazetted officer or Magistrate as have right to do so. On being searched, accused was found in possession of 40 small packets of brown sugar. Seizure-memo was prepared and after all formalities, specific seized property was sent for chemical examination and on examination, it was found to be brown sugar which is known as heroin also. After completion of the investigation, charge-sheet was filed against the appellant and charges were framed under Sec. 22 of the NDPS Act.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 6 witnesses and statement of the accused/appellant was also recorded under Sec. 313 of the Cr.P.C. in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.