KINNA @ NURULHUDA Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal is preferred by the appellant being aggrieved by the judgment dated 15/5/2008 passed by the Special Judge under the NDPS Act, Sidhi in Special Case No.658/2006, whereby the appellant was convicted for commission of offence punishable under Section 20(b)(II)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "NDPS Act, 1985") and sentenced to rigorous imprisonment for five years with fine of Rs.15,000/-, in default of payment of fine amount, an additional RI for six months.

(2.) Prosecution case, in short, is that on 8/12/2006 the Station Officer of Police Station Kamarji District Sidhi received information from the Mukhabir to the effect that the accused-appellant was taking Ganja on a motorcycle bearing registration No.MP53 BA4991. Permission was obtained from SDO(P) Churhat, but since the office of SDO (P) was 20 kms away, SHO Shri S.P. Shukla reached at the spot along with staff and force. The appellant-accused was stopped and he was given an opportunity to get his search before any Gazetted Officer or a Magistrate. Ultimately a search was made and more than six kg Ganja was found in possession of the appellant-accused. Two packets of sample were taken from uniformed Ganja and sealed at the spot, whereas remaining Ganja was sealed in separate packet. The appellant/accused was arrested at the spot. The seized samples were sent for chemical analysis to the Forensic Science Laboratory. In the analysis, the seized substance was found to be Ganja. After due investigation, the challan was filed before the concerned Special Court against the appellant-accused.

(3.) The appellant-accused abjured his guilt and took a defence that he was falsely implicated by the police. He had examined Shankar (DW-1) and Ram Suresh Verma (DW-2) to be defence witnesses.