GOPAL DAS Vs. STATE OF M P

JUDGEMENT

(1.) Arguments heard. This appeal is directed against the judgment dated 24th July, 1997 delivered in Sessions Case No. 268/1994 by Shri V.K. Shrivastava, the then Sessions Judge, Durg whereby the appellant was convicted under section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to 'the Act") and sentenced to imprisonment already undergone by the appellant during trial and fine of Rs.5,000.00 and in default to undergo additional rigorous imprisonment for 10 months.

(2.) Brief facts are that on 16.7. 1994 Sub-Inspector B.L. Tiwari, P.W. 2 upon receiving information that the accused appellant was in possession of ganja sought telephonic permission from C.S.P.R.S. Singh P.W. 4 for making enquiry and proceeded to Shanti Nagar, Bhilai-3. He found that the appellant had in his possession one plastic bag in which Shri Tiwari had suspicion that the contraband article ganja was kept. After giving notice Ex. P. 4 under section 50 of the Act and after giving the accused-appellant an opportunity of searching him as well as witnesses, Shri B.L. Tiwari, P.W. 2 searched the bag in possession of the appellant at 3.40 p.m. and seized 6 kg and 600 grams of ganja vide Ex. P. 3. A sample of about 200 grams ganja was separated and sealed and remaining ganja was also sealed. F.I.R. Ex. P. 2 was lodged at Police Station Bhilai Nagar by Sub-Inspector B.L. Tiwari. The sample of contraband ganja was sent for chemical analysis to the Forensic Science Laboratory, Raipur which confirmed vide report Ex. P. 6 that the sample contained ganja. Prosecution under section 20 (b) (i) of the Act launched against the accused appellant.

(3.) The accused-appellant adjured his guilt, pleaded innocence and false implication and examined one Narottamlal Soni D.W. 1 in defence. The trial Judge relying upon the evidence of Sub-Inspector B.L. Tiwari P.W. 2 and the report of the Forensic Science Laboratory, convicted the accused-appellant under section 20 of the Act and imposed sentence as afdresaid.