BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 24th january, 1992 delivered in S. T. No. 149/1990, whereby, the learned 2nd Additional Sessions Judge, Raigarh has convicted the appellant under Section 20 of the N. D. P. S. Act, 1985 (hereinafter referred to as the 'act')and sentenced him to undergo R. I. for 3 months and to pay a fine of Rs. 500 in default of payment of fine to further undergo r. I. for one month.

(2.) THE case of the prosecution in brief is that on 15. 9. 1990. P. L. Nayak (PW-1) Ex. Sub-Inspector, on receiving information, without obtaining search warrant, went to the house of the appellant and made search of his house. On search, 5 grams of ganja and a chilam was recovered from the house of the appellant.

(3.) HE examined the recovered ganja on the spot and made seizure of ganja and chilam. He prepared seizure memo Ex. P/2 and panchanama Ex. P/1. He filed charge sheet in the Court of Magistrate 1st Class, sarangarh, who committed the case to the court of Sessions, Raigarh. Learned Sessions Judge made over the case to the 2nd additional Sessions Judge, Raigarh for trial. Charge under Section 22 of the N. D. P. S. Act, 1985 was framed against the appellant and it was read over to him. The appellant abjured the guilt and his defence was that he has been falsely implicated in the crime. The appellant also stated that he was not living with his father and there was animosity between him and the Investigating Officer P. L. Nayak.