MOHAMMAD SHAKIR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against judgment and order dated 05.02.2019 delivered in Special Case No.08/2014 by Special Judge, N.D.P.S. Act, Indore whereby the learned Trial Court has convicted the appellant under Sections 8/20 (b)(ii)(b) of N.D.P.S. Act, 1985 and has awarded two years rigorous imprisonment with fine of Rs.10,000/- in default further to undergo six months R.I., for having 2.2 kg Cannabis (Ganja) in his illegal possession.

(2.) Prosecution case in brief is that on 12.05.2014 at about 20:20 hours in the night, the police received information that one Mohammad Shakir is standing in the shadow of Auto Rickshaws at Chanduwala Road with illegal cannabis in his possession. The information was entered in Roznamcha Sana HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.1656 of 2019 No.1074/2014. Independent witnesses were called. Senior Officer was intimated. A police team comprising ASI Heeralal Baghel, Constables Bashir and Virendra, panch witnesses Vakil and Mohammad Amjad was constituted and along with all paraphernalia, they reached on the spot, where they noticed the person pointed out by the informer standing with a bag in his hand. He was surrounded by the police and informed about his right under Section 50 of N.D.P.S. Act. He consented for search by ASI Heeralal Baghel. His search was taken and 2.2 kg cannabis (ganja) was recovered from the bag, which he was having in his hand. Two samples of 100 gm each were taken out and contraband as well as samples were sealed on the spot. Contraband and the appellant were brought to the police station. Samples were sent for FSL, who confirmed that the recovered article was cannabis (ganja). Following the due process and after completing the other usual investigation, the police filed the charge-sheet.

(3.) During investigation, the police has prepared following documents:-