RAJESH GUPTA @ TARZEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 3/8/2012 passed by the Special Judge under Narcotic Drugs and Psychotropic Substances Act, Katni in Special Case No.84/2009, whereby the appellant was convicted for commission of offence punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act") and sentenced for four years' rigorous imprisonment with fine of Rs.1,000.00. In default of payment of fine amount, two months' RI was also directed.

(2.) THE prosecution's case, in short, is that on 26.11.2000 ASI D.R.Sharma (PW-9), who was posted at Police Station Kolgawan District Satna received an information that the appellant was present near the Motidah Dam having some Ganja in his bag. Shri Sharma adopted the appropriate procedure relating to the information etc. and with various witnesses he went to the spot. The appellant was found with a bag. On examination, it was found that the appellant had 1.500 kg Ganja with him. The sample was procured and the entire property was duly sealed. The sample was sent to the Forensic Science Laboratory. From its report, it was established that the seized property was Ganja. After due investigation, a charge sheet was filed before the Special Judge, Satna.

(3.) THE learned Special Judge after considering the evidence adduced by the parties convicted the appellant for the offence under Section 8(c) read with Section 20(b)(ii)(B) and sentenced him as mentioned above.