UNION OF INDIA Vs. DATTU MUKINDA KANCHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction and sentence passed by the learned Judge, Special Court under NDPS Act in NDPS Sessions Case No.2 of 2001 on 30.08.2002 the appellantcomplainant has preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) With the assistance of the learned Advocate for the appellant as also the learned advocate for respondent No.1 and Public Prosecutor for the State we have scrutinized the entire evidence on record and reappreciated the same.

(3.) The prosecution case is that on 10.11.2000 on information and after duly complying with all the legal requirements and formalities, the officers of the appellants along with two panchas raided the premises of respondent No.1. In the search taken of the said premises, seven packed jute gunny bags were found and on opening the said gunny bags they noticed that all of them contained green coloured leaves, stalks and seeds like substance which emanated a strong smell and the same was admitted as ganja by respondent No.1. Since the ganja found in the said bags was similar in form and nature, two samples of ganja each weighing 25 gms. Were drawn from each of the said seven bags. The said ganja was seized under a reasonable belief for violations of provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Respondent No.1 was apprised of his rights and thereafter his personal search was conducted.