KANHAIYALAL @ SARDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With consent of the parties the matter is heard finally.

(2.) This appeal is preferred by sole appellant Kanhaiyalal @ Sardar, who has been convicted vide judgment dated 3.9.2019 passed in Special Session Trial No. 17/2017 by Special Sessions Judge, NDPS Jawad, District Neemuch under Section 8 read with Section 20 (b) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'NDPS Act') and has been awarded one year R.I with fine of Rs. 10,000/- in default of payment of fine further to undergo 1 months additional R.I. for having 1.7 Kg of Cannabis (Ganja) in his conscious possession.

(3.) Prosecution case in brief is that on 26.5.2012, the police received secret information that some contraband is kept in the house of the appellant. The police party constituted and proceeded towards the house of the appellant. At about 20.30 hours they reached there. Seeing the police, the appellant tried to escape, but he was caught in the spot. On search, the police recovered 1.7 Kg Ganja from his house. Following the regulations regarding procedure, the contraband was seized. The case was prepared and the appellant was charge sheeted, which culminated in his conviction and sentence as mentioned in the preceding para.