MUNNILAL Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this criminal appeal under Section 374(2) of Cr.P.C. being aggrieved by the judgment dated 10.10.1998 passed by First Additional Sessions Judge, Katni in Special Case No.6/96, whereby the appellant has been convicted under Section 20(b)(i) of the N.D.P.S. Act and sentenced to R.I. for 1 year with fine of Rs.2000/-, in default additional R.I. for 6 months.

(2.) B.S. Rana (PW-4) Sub Inspector, Police Station, Katni on 25.10.1996 received the information from Mukhbir that appellant Munnilal Kewat has kept ganja in his house. According the information was recorded. Taking the staff and witnesses he visited the appellant's house and gave him a notice Ex.P-6. The appellant was apprised of the information in relation to alleged possession of ganja and proposed search. Appellant gave his written consent Ex.P-2 to the proposed search by the sub inspector. During search of the house below the cot 500 grams of ganja wrapped in a plastic packet was found and as per seizure memo Ex.P-4 the contraband was seized. As per F.S.L. report Ex.P-14 the seized contraband was found to be ganja.

(3.) The appellant abjured the guilt and submitted that he has been falsely implicated.