ARUN KUMAR NAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This is an appeal against the judgment dated 24.07.1997 passed by the learned Sixth Additional Sessions Judge, Durg, in Sessions Trial No. 47/97, whereby, the appellant has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substance Act (for short "?the NDPS Act "?) and sentenced to undergo R.I. for 4 years and fine of Rs. 4000/-, in default of payment of fine, further R.I. for 10 months.

(2.) The prosecution story, in brief, is that a secret information was received by the Thana Incharge that two persons are coming from Charoda Padao with contraband Ganja. On receipt of such information, it was recorded in the Rojnamcha Sanha No. 1398 on 22.12.1996. Thereafter, on the Rojnamcha Sanha No. 1400, they started for the operation, which was accorded in the presence of Ram Singh, Shrikant and other staff. The area near Railway water tank, Dondi Rajahara was cordoned by police. As per the information, two persons out of one was holding a suitcase and the other one was holding a box were seen coming. The person with the suitcase was intercepted and he was given a notice. The police received the information, at that time, it was recorded in Panchnama Ex.-P/1 and while the accused was intercepted they were given a notice of search Panchnama Ex.P-2 as to whether he wanted a search from any Gazetted Officer or not. After the search, 3 kg 200 gm of Canabis were recovered from the accused and out of that 100-100 gram samples were taken out and were seized. Thereafter, tire accused were arrested. This was recorded in Ex.P-8. Subsequently, the seized articles of 100-100 gram Cannbais were sent for FSL by Ex.P-4 and after receipt of the report by Ex.P-10, the charge sheet was filed. The learned Trial Court on the basis of material placed on record framed the charges under section 20 of NDPS Act against the accused.

(3.) The appellant accused pleaded not guilty to the charge levelled against him and claimed to be tried. To bring home the charges, the prosecution has examined four witnesses and exhibited ten documents from Ex.P-1 to P-10.