GANGARAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment of conviction and order of sentence dated 06. 04. 1991, delivered in Sessions Trial No. 198/1990, whereby, the learned 1st Additional Sessions Judge Raigarh, has convicted the appellant under Section 20 of the narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced him to undergo r. 1. for six months and to pay a fine of Rs. 200 in default of payment of fine to further undergo R. I. for one month.

(2.) THE case of the prosecution is that on 30. 11. 1990, Sub-Inspector S. N. Pandey (PW4), Police Station Sarangarh received information that the appellant was carrying ganja. On this, he accomplished with another police officer and went to search the appellant to village Malda and found him near Kosabadi. The appellant was on motorcycle. He stopped the appellant and interrogated him. Then the appellant gave ganja from his pocket, which was tied up in a blue colour towel in small packets. Thereafter, tile Sub Inspector seized the ganja and motorcycle and prepared seizure memo Ex. P12 in front of the witnesses. After completion of the necessary legal proceedings, he recorded Dehati Nalici Ex. P3 and after reaching to Police Station, lodged the F. I. R. The seized ganja was sent to Excise Sub-Inspector P. S. Netam (PW1), who examined and found it to bo ganja.

(3.) AFTER completion of the investigation, charge sheet was filed before the Judicial magistrate First Class, Sarangarh, who committed the case to the Sessions Judge, raigarh. After that the Sessions Judge, raigarh made over the case to the 1st Additional Sessions Judge. Charge under Section 20 of the N. D. P. S. Act was framed against the appellant and was read over and examined to him, who abjured the guilt and his defence was that he has been falsely implicated in the case.