DHARMU Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT-DHARMU has been convicted under Section 20 (b) (i) of the Narcotic Drugs and Psycho tropic Substances Act, 1985 (hereinafter to be referred to as the 'act') and sentenced to rigorous imprisonment for three years and to a fine of Rs. 5,000/ -.

(2.) AFTER hearing the learned counsel for both the sides and after careful scrutiny of the evidence on record, this Court is of the opinion that the conviction of the appellant for the aforesaid offence is well merited. T. S. Thakur (P. W. 1) was the A. S. I. at Bastar Chouki. He has deposed that on 14-1-1999 he was on duty in the weekly market and he saw accused Dharmu carrying two bags in a 'kavar'. He asked the accused about the contents of the bags and he told him that there is Ganja in the two bags. He served the notice (Ex. P-3) on him apprising him of his right to be searched by a Magistrate or a Gazetted Officer. The accused opted to be searched by him. He searched the bags and found Ganja therein. It was weighed. There was five kilograms of Ganja in each bag. He took out sample from each bag and sealed it. He sent the report of search and seizure to the immediate official superior as per Ex. P-14. The samples were sent in sealed condition to the Forensic Science Laboratory and as per report (Ex. P-17) of the Assistant Chemical Examiner the commodity was found to be Ganja.

(3.) SECTION 42 of the Act is not attracted in the present case as the search was not from any "building, conveyance or enclosed place". The search was made in a public place in the weekly market. Section 43 applies to the seizure in a "public place". There was proper compliance with Sections 50 and 57 of the Act. The two Panch witnesses Anantram (P. W. 2) and Urdav (P. W. 4) have not supported the prosecution case. The testimony of the police officer in this case is fully reliable and that is supported by the documents prepared on the spot. The recovery of ten kilograms of Ganja from the possession of the accused is fully established.