STATE OF MADHYA PRADESH Vs. RATAN LAL

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 1.2.1997 passed in Special Case No.47/1994 by the Special Judge under Narcotic Drugs and Psychotropic Substances Act, Panna whereby the respondents were acquitted from the charges of offence punishable under Section 20(B)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act" for the sake of brevity).

(2.) THE prosecution's case, in short, is that, on 2.8.1994 at about 1:00 PM, Excise Sub Inspector Hari Shastri (PW-8) along with District Excise Officer B.L.Nagh (PW-7), Deputy Collector G.S.Parte (PW-6) and with some independent witnesses went to the shop of the respondent Ratan Lal, a contractor of Bhang at Pawai District Panna. A search was conducted and in a room behind the shop 3.865 kg Ganja (cannabis) and 11.790 kg Bhang were found. THEy were duly seized by Shri Hari Shastri. THE seizure memos were prepared. Six samples of 10 gram each were taken from the various packets of contraband substances. THE various memos were recorded and thereafter the sealed samples were sent to the Forensic Science Laboratory with a memo Ex.P-7. Shri Hari Shastri also examined the substances on his own and found that the substance, which was 3.865 kg in weight was Ganja (cannabis). THE respondents were arrested. In the report of the Forensic Science Laboratory Ex.P-11 it was found that all the six samples were of Ganja, and therefore a charge sheet was filed before the Special Judge, Panna.

(3.) I have heard the learned counsel for the parties.