BHAWAN SAI Vs. STATE OF M.P

JUDGEMENT

(1.) BY this appeal, the appellant challenges his conviction under Section 20(a), (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act') by the Additional Sessions Judge, Baikunthpur in Special-0Criminal Case No. 222/1996, vide judgment dated 17-1-1998 for cultivating and having been found in possession of 15 Cannabis plants on 16-8-1996 at Village Birodidand and the sentence of R.I. for 3 years and a fine of Rs. 3,000/- and in default of payment of fine to undergone R.I. for 1 year.

(2.) BRIEF facts as unfolded by the prosecution case are that on 16-8-1996, upon receiving secret information that the appellant was cultivating Cannabis plants in his Badi in Village Birodidand, Station House Officer of P.S., Sonhat, Baijnath Singh (P.W. 5) accompanied by two witnesses Ramprasad (P.W. 2) and Rampratap (P.W. 3) reached the Badi of the appellant and found that 15 Cannabis plants had grown in Badi. After completing the necessary formalities, Baijnath Singh (P.W. 5) seized the 15 Cannabis plants vide Exh. P-2 from the appellant, wrapped them in a sari and a piece of cloth and sealed. Dehati FIR was recorded vide Exh. P-8 on the same day and on reaching P.S. Sonhat, FIR was lodged vide Exh. P-9. The sealed packet of Cannabis plants was sent to the Forensic Science Laboratory, Sagar with memo (Exh. P-12), dated 2-9-1996 through Constable Bairaj Choudary. The said articles reached the Forensic Science Laboratory on 10-9-1996. Upon examination of the contents of the sealed packet, it was reported by the Forensic Science Laboratory vide Exh. P-14 that the 15 plants contained in the sealed packet were Cannabis plants. Investigation revealed that the Badi from where the Cannabis plants were seized was jointly recorded in the name of one Lavango and Bhagwati Bai, the wife of the appellant. The appellant was prosecuted under Section 20(a), (b)(i) of the Act.

(3.) THE prosecution examined as many as 6 witnesses. Relying upon the testimony of Rampratap (P.W. 3) and Station House Officer, Baijnath Singh (P.W. 5) and the report of the Forensic Science Laboratory, learned Additional Sessions Judge, Baikunthpur convicted and sentenced the appellant as mentioned in Para 1 (supra).