VISHWANATH PATEL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 4.2.1997 passed by the Court of Special Sessions Judge, Satna in S.T. No. 11/96, whereby the appellant has been convicted for the offence punishable under Section 8(c) read with Section 20(B)(1) of Narcotic Drugs & Psychotropic Substances Act, 1985, and sentenced to undergo R1 for one year with fine of Rs. 1,000, in default of payment of fine further RI for six months.

(2.) The brief facts of the case are that on 9.1.1996, Sub-Inspector Vinod Kumar Singh, P.S. Tala, received an information that the appellant Vishwanath was selling the Ganja and was in possession of the plant of Ganja at his home. On receiving such information, Sub-Inspector Vinod Kumar Singh alongwith his staff and witnesses Brijlal and Ramnaresh went to the appellant's house, searched the appellant's body and his house and found and seized 80 grams Ganja, amount of Rs. 230 and a plant of Ganja. Vinod Kumar Singh sealed 20 grams Ganja, prepared the Dehati Nalish, arrested the accused/appellant and sent samples to Bhopal tor chemical examination. After obtaining report of the chemical examination (Ex. P9), he filed charge-sheet.

(3.) The learned Special Judge framed the charges under Section 20(B)(1) read with Section 8 of the NDPS Act. The accused denica the charge and pleaded talse implication. In his statement under Section 313 of the Criminal Procedure Code, he pieaded that inspector Vinod Kumar Singh used to falsely implicate the villagers. Therefore, he went to police station with BSP workers to agitate. Due to this reason Inspector Vinod Kumar was annoyed with him.