GOVIND Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure by the accused assailing the judgement of conviction and order of sentence dated 10-3-199K passed by learned Special Judge. Sagar, in Special Case No. 1/98, convicting the appellant under Section 8/20 (h) of the Narcotic Drugs and Psychotropic Substances Act (for brevity "Act") and thereby sentencing him to suffer two years' IZI and to pay fine of Rs. 2500/- and in default of payment of fine. further SI for 6 months.

(2.) In brief, the case of the prosecution is that an information was received from the informant that one person near Agga Tiraha is carrying with him Ganja. which is kept in his suitcase. On receiving the information. Sub Divisional Officer. Shri R.L. Rathore with other police staff arrived at the spot and in presence of witnesses Rustam Khan and Maghool Khan enquired from that person. On being asked that person told his name to be Govind Soni and he also gave his consent to take his search. It is further the case of prosecution that the appellant told that key of the suitcase has been misplaced. Thereafter, the suitcase was got opened in which the Ganja was found. The Ganja was seized in presence of witnesses and on weighing it was found to he 2.5 kg. Thereafter. 50 grams contraband article was taken out from the bulk and it was sealed and thereafter it was sent for chemical examination. After receiving the report of Cheroical Examiner affirming the report of presence of Ganja in the sample. the charge-sheet was submitted against the appellant.

(3.) Learned Trial Court framed the charge under Section 8/20 of the Act, which the appellant denied and prayed for trial.