RAMNARAYAN RAIKWAR Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 17.6.1996 passed by I Additional Sessions Judge and Special Judge, Satna in Special Case No.114/93 convicting him under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing him to rigorous imprisonment for 6 months with fine of Rs.300/-. In default of payment of fine further rigorous imprisonment for one month.

(2.) In short, prosecution case is that on 10.11.1993, ASI of police station Nagod district Satna, Rajmani Singh received information from an informer that accused who was running a tea and betel shop near the bus stand crossing Nagod, was selling Ganja illegally. Rajmani along with head constables Ramsundar Shukla and Jai Singh reached at his shop. After giving his own search and obtaining the consent of the accused, he searched the shop in presence of Sharad Singh and Indrajit Singh and recovered a paper packet containing 25 gms of Ganja. Since accused had no licence for possessing Ganja, he seized the said Ganja and arrested the accused. He recorded the first information report Ex.P/11 under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (for brevity NDPS Act) and sent a sample of seized contraband to Forensic Science Laboratory for chemical examination. On receiving the FSL report Ex.P/10 that the seized article was Ganja, he filed the charge sheet before the Court.

(3.) Learned Special Judge framed charge under section 20 of the NDPS Act. The accused denied the charge and pleaded false implication. According to him, Inspector Rajmani and other police officers used to consume tea and betels from his shop without payment. Whenever he demanded money for the same they threatened him to see.