BHURU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned Special Judge (Narcotic Drugs and Psychotropic Substances Act, 1985) {for short 'NDPS Act'}, Khandwa has passed the impugned judgment dated 8/9/2009 in Special Case No. 6/2009 whereby Appellant has been convicted under Section 8 read with Section 20(b)(ii)(B) of the Act and sentenced to undergo Rigorous Imprisonment for 8 years and to pay fine of Rs. 1,00,000/-, with default stipulations.

(2.) Being aggrieved Appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure.

(3.) Prosecution story in short is that on 15.6.2009 at about 11.40, Mr. M.K. Raghuwanshi (PW8), Station House Officer, Police Outpost, Boregaon, received a secrete information that Appellant Bhuru S/o Najir Pinjara will go to Khandwa having contraband articles 'ganja' with him. Mr. M.K. Raghuwanshi (PW8) apprised his superior officers at Khandwa about aforesaid secrete information. He called the Panch witnesses and proceeded to the place which was informed in a secrete information and caught hold of Appellant Bhuru S/o Nazir Pinjara. Appellant Bhura is apprised to his right to be searched before Gazetted Officer or Magistrate and after taking his consent for search, a search was made and contraband articles 'ganja' of 1 Kilogram 980 gram was seized. At the same time, two samples of 25 gram each was prepared and sealed. Remaining article was also sealed. Sample was sent to Forensic Science Laboratory, Bhopal through Superintendent of Police, Khandwa. Assistant Chemical Examiner found 'ganja' in sample sent to him and sent his opinion as Ex.P/16.