MADAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appeal has been preferred by the appellants under section 374(2) of Cr.P.C. being aggrieved by judgment dated 12.8.2009 passed by Special Judge, NDPS Act, Shahdol in Special Case No. 31/2006 whereby the appellants have been convicted for the offence punishable under section 20(B)(II) of the NDPS Act, 1985 and sentenced to undergo R.I. for 5 years, fine of Rs. 50,000/- with default stipulation.

(2.) THE prosecution's case in short is that on 8.11.2006, Shri C.L.Vishwakarma, Asst. Sub Inspect, P.S. GRP, Shahdol, received a secret information that appellants are carrying contraband article Ganja. He recorded this information in Roznamcha Sana and after apprising his higher officials, prepared Panchnama in the presence of two panch witnesses and proceeded towards Platform, where accused/appellants were sitting, they were apprised regarding their right to be searched in presence of a Gazetted Officer or Magistrate but they consented to be searched by C.L.Vishwakarma. He searched and seized 11 Kg and 50 gms contraband article from the possession of Madan Singh and prepared seizure memo (Ex.P-22) and 10 Kg and 50 gm contraband article from the possession of Mohd Shamim @ Gudda and prepared seizure memo (Ex. P-23). Two samples of 25-25 gm from the seized contraband article were prepared and sealed in presence of Panch witnesses and sent for chemical examination to FSL, Sagar through Supdt. Of Police, Railway, Jabalpur. Asst. Chemical Examiner, FSL, Sagar found Ganja in the samples, which were sent and opined as per Ex. P-45.

(3.) AFTER trial, on appraisal of evidence on record, learned trial Court convicted and sentenced the appellant as mentioned hereinabove, hence this appeal.