BOOTE KANCHHEDI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment-dated 27.3.2006 passed by Special Judge (under the Narcotic Drugs and Psychotropic Substances Act, 1985) (for short 'the Act'), Sagar in Special Case No. 06/05 whereby the Appellant was convicted under Sections 8 read with 20(b)(ii)(C) of the Act and sentenced to undergo R.I. for 10 years and to pay fine of Rs. 1 lac and in default, to suffer R.I. for 2 years.

(2.) The prosecution story, in short, may be narrated thus-

(3.) The Appellant denied the charge and pleaded false implication at the instance of Janki Bai due to prevailing animosity arising from breakdown of their manital relationship. In the cross-examination of prosecution witnesses, it was suggested that several other persons were also residing in the taparia whereas in the examination, under Section 313 of the Code of Criminal Procedure (for short 'the Code'), he further asserted that the seized contraband belonged to Janki Bai only. Co-villager Ramesh Kumar was also examined to substant ate the defence that only Janki Bai (P.W. 10) was involved in illicit trade of Ganja.