RAVI KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appeal has been preferred by the appellant under section 454 of Cr.P.C. being aggrieved by judgment dated 25.6.2008 passed by the Special Judge (NDPS) Act, Bhopal in Special Case No. 38/2001.

(2.) THE prosecution's case in short is that on 19.7.2001 at about 22:40 PM, Chandra Shekhar (PW-1), Sub Inspector of Police received a secret information that tenant of House No. 204, Siddharth Complex, Bhopal is in possession of psychotropic substance and is likely to abscond. On the basis of the aforesaid information, Sub Inspector apprised his superior officer Sanjay Singh, CSP, completed other formalities and conducted search of aforesaid House No. 204, Siddharth Complex where appellant Ravi Kumar @ Anna @ Ravindram @ Udayan, @ Uday Kumar was living as tenant. During the search, a black bag containing 250 gm contraband article (Ganja) was seized and a briefcase containing a mobile phone and currency notes of Rs. 18,30,630/- was also seized. It has been further alleged that on the basis of information given by this appellant, office of co-accused Manoj Parekh was also searched and 12 gm brown sugar was seized from there.

(3.) ON appraisal of evidence on record, learned Special Judge, acquitted the appellant from the charges levelled against him but after parting with the judgment at the time of disposal of property, passed order of confiscation of seized currency notes of Rs. 18,30,630/- under section 63 of NDPS Act. Being aggrieved by the same, the instant appeal has been preferred by the appellant.