RAMESHCHANDRA @ RAMU CHIPLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against judgment and order dated 03.02.2016 delivered in Special Sessions Trial No.01/2013 by Special Judge (NDPS Act), Ujjain, whereby the appellant is convicted under section 8/20(b)(2)(c) of the Narcotic, Drugs and Psychotropic Substances Act (hereinafter referred as NDPS Act) and is sentenced for 10 years RI with fine of Rs.1,00,000/-. In default further to undergo 1 (one) year RI.

(2.) Short facts of the case reveals that on 29.08.2012, Sub- Inspector of police station Badnagar, B.S Choudhary PW/9 received an intimation that one Rameshchandra @ Ramu (appellant) used to collect illegal cannabis (ganja) in his house no.288 situated behind Pradip Udhyan Nayapur, Badnagar Ujjain and sell it in wholesale and one Prabhulal is coming to purchase illegal cannabis, if the place is raided, the contraband may be recovered. The intimation was entered in the Roznamcha, independent witnesses were called, Senior Officer was intimated, considering paucity of time, as it could have provided opportunity to the accused persons to escape, without obtaining search warrant, the police party in the leadership of Shri Choudhary raided the place along with all paraphernalia. When they reached on the spot, the doors of the house were found opened and two persons were present inside the house. They were called and asked about their names. They revealed their names as Rameshchandra (appellant) and Prabhulal (co-accused). Following the due process of law and after intimating them about their legal rights, search was made. 6 kgs illegal cannabis was found in possession of the co-accused Prabhulal and 33 kgs illegal cannabis was found in the house, which was in possession of the appellant. Samples were taken out and cannabis was seized. Both the persons and article were brought to the police station, where crime no.318/2012 under section 8/20 of the NDPS Act was registered. Investigation was handed over to Inspector Pradip Kumar Bakshi PW/22, who investigated the case, seized the articles, recorded statement of the witnesses and after other usual investigation, filed charge sheet before the trial Court against the appellant, co-accused Prabhu and Pawan alleging that the appellant had in his possession 33 kgs illegal cannabis, Prabhulal purchased 6 kgs cannabis and Pawan abetted the offence.

(3.) After the trial, co-accused Pawan was acquitted and the appellant and co-accused Prabhu were convicted. Co-accused Prabhu was awarded sentence of imprisonment for the period already undergone; while the appellant was awarded sentence as stated above.