RAMESH Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Ramesh has been convicted under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 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 founded. K.K. Nag (PW 4) was the Station Officer of Keshkal Police Station. He has deposed that on 18.4.1999 when he was on patrolling duty he received information that two persons are coming in a bus saving Ganja in their possession. He recorded this information in the Panchnama (Ex. P -2) and passed on this information to his senior officer as per Ex. P -4. He saw accused Ramesh in village Bedama having a bag in his hands. He served the notice (Ex. P -5) on the accused apprising him of his right to be searched in the presence of a Magistrate or a Gazetted Officer. The accused opted to be searched by him. He searched the bag of the accused and there was Ganja in it. It was 5.800 Kgs. It was seized as per seizure memo Ex. P -11. A sample of 50 grams was taken out and it was sealed. He sent the information of the search and seizure to his superior officer through a wireless. A copy of the same is Ex. P -19. He sent the sample to the Forensic Science Laboratory, Sagar and as per report (Ex. P -22) of the Chemical Examiner the commodity was found to be Ganja.

(3.) COMING to the question of sentence keeping in view all the facts and circumstances of the case, the sentence of rigorous imprisonment of three years is reduced to the period already spent by the appellant in jail. He is in custody from 19.4.1999. The sentence of fine is reduced to Rs. 1,000/ -. With this modification in the sentence, the appeal is dismissed.